Title 49—Transportation--Volume 1
PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
§ 173.33   Hazardous materials in cargo tank motor vehicles.
(a) General requirements. (1) No person may offer or accept a hazardous material for transportation in a cargo tank motor vehicle except as authorized by this subchapter.
(2) Two or more materials may not be loaded or accepted for transportation in the same cargo tank motor vehicle if, as a result of any mixture of the materials, an unsafe condition would occur, such as an explosion, fire, excessive increase in pressure or heat, or the release of toxic vapors.
(3) No person may fill and offer for transportation a specification cargo tank motor vehicle for which the prescribed periodic retest or reinspection under subpart E of part 180 of this subchapter is past due until the retest or inspection has been successfully completed. This requirement does not apply to a cargo tank supplied by a motor carrier who is other than the person offering the hazardous material for transportation (see § 180.407(a)(1) of this subchapter), or to any cargo tank filled prior to the retest or inspection due date.
(b) Loading requirements. (1) A hazardous material may not be loaded in a cargo tank if during transportation any part of the tank in contact with the hazardous material lading would have a dangerous reaction with the hazardous material.
(2) A cargo tank may not be loaded with a hazardous material that will have an adverse effect on the tank's integrity or—
(i) May combine chemically with any residue or contaminants in the tank to produce an explosion, fire, excessive increase in pressure, release of toxic vapors or other unsafe condition.
(ii)-(iii) [Reserved]
(iv) May severely corrode or react with the tank material at any concentration and temperature that will exist during transportation.
(v) Is prohibited by § 173.21 or § 173.24 of this subchapter.
(3) Air pressure in excess of ambient atmospheric pressure may not be used to load or unload any lading which may create an air-enriched mixture within the flammability range of the lading in the vapor space of the tank.
(4) To prevent cargo tank rupture in a loading or unloading accident, the loading or unloading rate used must be less than or equal to that indicated on the cargo tank specification plate, except as specified in § 173.318(b)(6). If no loading or unloading rate is marked on the specification plate, the loading or unloading rate and pressure used must be limited such that the pressure in the tank may not exceed 130% of the MAWP.
(c) Maximum Lading Pressure. (1) Prior to loading and offering a cargo tank motor vehicle for transportation with material that requires the use of a specification cargo tank, the person must confirm that the cargo tank motor vehicle conforms to the specification required for the lading and that the MAWP of the cargo tank is greater than or equal to the largest pressure obtained under the following conditions:
(i) For compressed gases and certain refrigerated liquids that are not cryogenic liquids, the pressure prescribed in § 173.315 of this subchapter.
(ii) For cryogenic liquids, the pressure prescribed in § 173.318 of this subchapter.
(iii) For liquid hazardous materials loaded in DOT specification cargo tanks equipped with a 1 psig normal vent, the sum of the tank static head plus 1 psig. In addition, for hazardous materials loaded in these cargo tanks, the vapor pressure of the lading at 115 °F must be not greater than 1 psig, except for gasoline transported in accordance with Special Provision B33 in § 172.102(c)(3) of this subchapter.
(iv) For liquid hazardous materials not covered in paragraph (c)(1)(i), (ii), or (iii) of this section, the sum of the vapor pressure of the lading at 115 °F, plus the tank static head exerted by the lading, plus any pressure exerted by the gas padding, including air in the ullage space or dome.
(v) The pressure prescribed in subpart B, D, E, F, G, or H of this part, as applicable.
(vi) The maximum pressure in the tank during loading or unloading.
(2) Any Specification MC 300, MC 301, MC 302, MC 303, MC 305, MC 306 or MC 312, cargo tank motor vehicle with no marked design pressure or marked with a design pressure of 3 psig or less may be used for an authorized lading where the pressure derived from § 173.33(c)(1) is less than or equal to 3 psig. After December 31, 1990, a cargo tank may not be loaded and offered for transportation unless marked or remarked with an MAWP or design pressure in accordance with 49 CFR 180.405(k).
(3) Any Specification MC 310 or MC 311 cargo tank motor vehicle may be used for an authorized lading where the pressure derived from § 173.33(c)(1) is less than or equal to the MAWP or MWP, respectively, as marked on the specification plate.
(4) Any cargo tank marked or certified before August 31, 1995, marked with a design pressure rather than an MAWP may be used for an authorized lading where the largest pressure derived from § 173.33(c)(1) is less than or equal to the design pressure marked on the cargo tank.
(5) Any material that meets the definition of a Division 6.1, Packing Group I or II (poisonous liquid) material must be loaded in a cargo tank motor vehicle having a MAWP of 25 psig or greater.
(6) Substitute packagings. Unless otherwise specified, where MC 307, MC 312, DOT 407 or DOT 412 cargo tanks are authorized, minimum tank design pressure is 172.4 kPa (25 psig) for any Packing Group I or Packing Group II liquid lading that meets more than one hazard class definition.
(d) Relief system. (1) Non-reclosing pressure relief devices are not authorized in any cargo tank except when in series with a reclosing pressure relief device. However, a cargo tank marked or certified before August 31, 1995 which is fitted with non-reclosing pressure relief devices may continue to be used in any hazardous material service for which it is authorized. The requirements in this paragraph do not apply to MC 330, MC 331 and MC 338 cargo tanks.
(2) Each cargo tank motor vehicle used to transport a liquid hazardous material with a gas pad must have a pressure relief system that provides the venting capacity prescribed in § 178.345-10(e) of this subchapter. The requirements in this paragraph do not apply to MC 330, MC 331 and MC 338 cargo tanks.
(3) A cargo tank motor vehicle made to a specification listed in column 1 may have pressure relief devices or outlets conforming to the applicable specification to which the tank was constructed, or the pressure relief devices or outlets may be modified to meet the applicable requirement for the specification listed in column 2 without changing the markings on the tank specification plate. The venting capacity requirements of the original DOT cargo tank specification must be met whenever a pressure relief valve is modified.
(e) Retention of hazardous materials in product piping during transportation. DOT specification cargo tanks used for the transportation of any material that is a Division 6.1 (poisonous liquid) material, oxidizer liquid, liquid organic peroxide or corrosive liquid (corrosive to skin only) may not be transported with hazardous materials lading retained in the piping, unless the cargo tank motor vehicle is equipped with bottom damage protection devices meeting the requirements of § 178.337-10 or § 178.345-8(b) of this subchapter, or the accident damage protection requirements of the specification under which it was manufactured. This requirement does not apply to a residue which remains after the piping is drained. A sacrificial device (see § 178.345-1 of this subchapter) may not be used to satisfy the accident damage protection requirements of this paragraph.
(f) An MC 331 type cargo tank may be used where MC 306, MC 307, MC 312, DOT 406, DOT 407 or DOT 412 type cargo tanks are authorized. An MC 307, MC 312, DOT 407 or DOT 412 type cargo tank may be used where MC 306 or DOT 406 type cargo tanks are authorized. A higher integrity tank used instead of a specified tank must meet the same design profile (for example, an MC 331 cargo tank must be lined if used in place of a lined MC 312 cargo tank.)
(g) Remote control of self-closing stop valves—MC 330, MC 331 and MC 338 cargo tanks. Each liquid or vapor discharge opening in an MC 330 or MC 331 cargo tank and each liquid filling and liquid discharge line in an MC 338 cargo tank must be provided with a remotely controlled internal self-closing stop valve except when an MC 330 or MC 331 cargo tank is marked and used exclusively to transport carbon dioxide; an MC 338 is used to transport argon, carbon dioxide, helium, krypton, neon, nitrogen, or xenon; or an MC 338 utilizes an external self-closing stop valve to comply with the requirements in § 178.338-11(b). However, if the cargo tank motor vehicle was certified before January 1, 1995, this requirement is applicable only when an MC 330 or MC 331 cargo tank is used to transport a flammable liquid, flammable gas, hydrogen chloride (refrigerated liquid), or anhydrous ammonia; or when an MC 338 cargo tank is used to transport flammable ladings.
(h) A cargo tank motor vehicle authorized by the Transport Canada TDG Regulations (IBR, see § 171.7 of this subchapter) may be used provided it conforms to the applicable requirements in § 171.12 of this subchapter.
§ 173.34   [Reserved]
§ 173.35   Hazardous materials in IBCs.
(a) No person may offer or accept a hazardous material for transportation in an IBC except as authorized by this subchapter. Each IBC used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity. A specification IBC, for which the prescribed periodic retest or inspection under subpart D of part 180 of this subchapter is past due, may not be filled and offered for transportation until the retest or inspection have been successfully completed. This requirement does not apply to any IBC filled prior to the retest or inspection due date.
(b) Initial use and reuse of IBCs. (Also see § 180.352 of this subchapter.) An IBC other than a multiwall paper IBC (13M1 and 13M2) may be reused. If an inner liner is required, the inner liner must be replaced before each reuse. Before an IBC is filled and offered for transportation, the IBC and its service equipment must be given an external visual inspection, by the person filling the IBC, to ensure that:
(1) The IBC is free from corrosion, contamination, cracks, cuts, or other damage which would render it unable to pass the prescribed design type test to which it is certified and marked; and
(2) The IBC is marked in accordance with requirements in § 178.703 of this subchapter. Additional marking allowed for each design type may be present. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.
(c) A metal IBC, or a part thereof, subject to thinning by mechanical abrasion or corrosion due to the lading, must be protected by providing a suitable increase in thickness of material, a lining or some other suitable method of protection. Increased thickness for corrosion or abrasion protection must be added to the wall thickness specified in § 178.705(c)(1)(iv) of this subchapter.
(d) Notwithstanding requirements in § 173.24b of this subpart, when filling an IBC with liquids, sufficient ullage must be left to ensure that, at the mean bulk temperature of 50 °C (122 °F), the IBC is not filled to more than 98 percent of its water capacity.
(e) Where two or more closure systems are fitted in series, the system nearest to the hazardous material being carried must be closed first.
(f) During transportation—
(1) No hazardous material may remain on the outside of the IBC; and
(2) Each IBC must be securely fastened to or contained within the transport unit.
(g) Each IBC used for transportation of solids which may become liquid at temperatures likely to be encountered during transportation must also be capable of containing the substance in the liquid state.
(h) Liquid hazardous materials may only be offered for transportation in a metal, rigid plastic, or composite IBC that is appropriately resistant to an increase in internal pressure likely to develop during transportation.
(1) A rigid plastic or composite IBC may only be filled with a liquid having a vapor pressure less than or equal to the greater of the following two values: The first value is determined from any of the methods in paragraphs (h)(1)(i), (ii) or (iii) of this section. The second value is determined by the method in paragraph (h)(1)(iv) of this section.
(i) The gauge pressure (pressure in the IBC above ambient atmospheric pressure) measured in the IBC at 55 °C (131 °F). This gauge pressure must not exceed two-thirds of the marked test pressure and must be determined after the IBC was filled and closed at 15 °C (60 °F) to less than or equal to 98 percent of its capacity.
(ii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 50 °C (122 °F). This absolute pressure must not exceed four-sevenths of the sum of the marked test pressure and 100 kPa (14.5 psia).
(iii) The absolute pressure (vapor pressure of the hazardous material plus atmospheric pressure) in the IBC at 55 °C (131 °F). This absolute pressure must not exceed two-thirds of the sum of the marked test pressure and 100 kPa (14.5 psia).
(iv) Twice the static pressure of the substance, measured at the bottom of the IBC. This value must not be less than twice the static pressure of water.
(2) Liquids having a vapor pressure greater than 110 kPa (16 psig) at 50 °C (122 °F) or 130 kPa (18.9 psig) at 55 °C (131 °F) may not be transported in metal IBCs.
(i) The requirements in this section do not apply to DOT-56 or -57 portable tanks.
(j) No IBC may be filled with a Packing Group I liquid. Rigid plastic, composite, flexible, wooden or fiberboard IBC used to transport Packing Group I solid materials may not exceed 1.5 cubic meters (53 cubic feet) capacity. For Packing Group I solids, a metal IBC may not exceed 3 cubic meters (106 cubic feet) capacity.
(k) When an IBC is used for the transportation of liquids with a flash point of 60 °C (140 °F) (closed cup) or lower, or powders with the potential for dust explosion, measures must be taken during product loading and unloading to prevent a dangerous electrostatic discharge.
(l) IBC filling limits. (1) Except as provided in this section, an IBC may not be filled with a hazardous material in excess of the maximum gross mass marked on that container.
(2) An IBC which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III liquid material to a gross mass not exceeding 1.5 times the maximum gross mass marked on that container, if all the performance criteria can still be met at the higher gross mass.
(3) An IBC which is tested and marked for liquid hazardous materials may be filled with a solid hazardous material to a gross mass not exceeding the maximum gross mass marked on that container. In addition, an IBC intended for the transport of liquids which is tested and marked for Packing Group II liquid materials may be filled with a Packing Group III solid hazardous material to a gross mass not exceeding the marked maximum gross mass multiplied by 1.5 if all the performance criteria can still be met at the higher gross mass.
(4) An IBC which is tested and marked for Packing Group I solid materials may be filled with a Packing Group II solid material to a gross mass not exceeding the maximum gross mass marked on that container, multiplied by 1.5, if all the performance criteria can be met at the higher gross mass; or a Packing Group III solid material to a gross mass not exceeding the maximum gross mass marked on the IBC, multiplied by 2.25, if all the performance criteria can be met at the higher gross mass. An IBC which is tested and marked for Packing Group II solid materials may be filled with a Packing Group III solid material to a gross mass not exceeding the maximum gross mass marked on the IBC, multiplied by 1.5.
§ 173.36   Hazardous materials in Large Packagings.
(a) No person may offer or accept a hazardous material for transportation in a Large Packaging except as authorized by this subchapter. Except as otherwise provided in this subchapter, no Large Packaging may be filled with a Packing Group I or II material. Each Large Packaging used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity.
(b) Packaging design —(1) Inner packaging closures. A Large Packaging containing liquid hazardous materials must be packed so that closures on inner packagings are upright.
(2) Flexible Large Packagings. Flexible Large Packagings ( e.g., 51H) are only authorized for use with flexible inner packagings.
(3) Friction. The nature and thickness of the outer packaging must be such that friction during transportation is not likely to generate an amount of heat sufficient to dangerously alter the chemical stability of the contents.
(4) Securing and cushioning. Inner packagings of Large Packagings must be packed, secured and cushioned to prevent their breakage or leakage and to control their shifting within the outer packaging under conditions normally incident to transportation. Cushioning material must not be capable of reacting dangerously with the contents of the inner packagings or having its protective properties significantly weakened in the event of leakage.
(5) Metallic devices. Nails, staples and other metallic devices must not protrude into the interior of the outer packaging in such a manner as to be likely to damage inner packagings or receptacles.
(c) Initial use and reuse of Large Packagings. A Large Packaging may be reused. If an inner packaging is constructed of paper or flexible plastic, the inner packaging must be replaced before each reuse. Before a Large Packaging is filled and offered for transportation, the Large Packaging must be given an external visual inspection, by the person filling the Large Packaging, to ensure:
(1) The Large Packaging is free from corrosion, contamination, cracks, cuts, or other damage which would render it unable to pass the prescribed design type test to which it is certified and marked; and
(2) The Large Packaging is marked in accordance with requirements in § 178.910 of this subchapter. Additional marking allowed for each design type may be present. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.
(d) During transportation—
(1) No hazardous material may remain on the outside of the Large Packaging; and
(2) Each Large Packaging must be securely fastened to or contained within the transport unit.
(e) Each Large Packaging used for transportation of solids which may become liquid at temperatures likely to be encountered during transportation may not be transported in paper or fiber inner packagings. The inner packagings must be capable of containing the substance in the liquid state.
(f) Liquid hazardous materials may only be offered for transportation in inner packagings appropriately resistant to an increase of internal pressure likely to develop during transportation.
(g) A Large Packaging used to transport hazardous materials may not exceed 3 cubic meters (106 cubic feet) capacity.
(h) Mixed contents. (1) An outer Large Packaging may contain more than one hazardous material only when—
(i) The inner and outer packagings used for each hazardous material conform to the relevant packaging sections of this part applicable to that hazardous material, and not result in a violation of § 173.21;
(ii) The package as prepared for shipment meets the performance tests prescribed in part 178 of this subchapter for the hazardous materials contained in the package;
(iii) Corrosive materials in bottles are further packed in securely closed inner receptacles before packing in outer packagings; and
(iv) For transportation by aircraft, the total net quantity does not exceed the lowest permitted maximum net quantity per package as shown in Column 9a or 9b, as appropriate, of the § 172.101 table. The permitted maximum net quantity must be calculated in kilograms if a package contains both a liquid and a solid.
(2) A packaging containing inner packagings of Division 6.2 materials may not contain other hazardous materials, except dry ice.
(i) When a Large Packaging is used for the transportation of liquids with a flash point of 60.5 °C (141 °F) (closed cup) or lower, or powders with the potential for dust explosion, measures must be taken during product loading and unloading to prevent a dangerous electrostatic discharge.
§ 173.37   Hazardous Materials in Flexible Bulk Containers.
(a) No person may offer or accept a hazardous material for transportation in a Flexible Bulk Container except as authorized by this subchapter. Each Flexible Bulk Container used for the transportation of hazardous materials must conform to the requirements of its specification and regulations for the transportation of the particular commodity.
(b) Initial use and reuse of Flexible Bulk Containers. A Flexible Bulk Container may be reused. Before a Flexible Bulk Container is filled and offered for transportation, the Flexible Bulk Container must be given an external visual inspection by the person filling the Flexible Bulk Container to ensure:
(1) The Flexible Bulk Container is free from corrosion, contamination, cracks, cuts, or other damage that would render it unable to pass the prescribed design type test to which it is certified and marked; and
(2) The Flexible Bulk Container is marked in accordance with requirements in § 178.1010 of this subchapter. Required markings that are missing, damaged or difficult to read must be restored or returned to original condition.
(3) The following components must be examined to determine structural serviceability:
(i) Textile slings;
(ii) Load-bearing structure straps;
(iii) Body fabric; and
(iv) Lock device parts including metal and textile parts are free from protrusions or damage.
(4) The use of Flexible Bulk Containers for the transport of hazardous materials is permitted for a period not to exceed two years from the date of manufacture of the Flexible Bulk Container.
(c) During transportation—
(1) No hazardous material may remain on the outside of the Flexible Bulk Container; and
(2) Each Flexible Bulk Container must be securely fastened to or contained within the transport unit.
(3) If restraints such as banding or straps are used, these straps must not be over-tightened to an extent that causes damage or deformation to the Flexible Bulk Container.
(4) Flexible Bulk Containers must be transported in a conveyance with rigid sides and ends that extend at least two-thirds of the height of the Flexible Bulk Container.
(5) Flexible Bulk Containers must not be stacked for highway or rail transportation.
(6) Flexible Bulk Containers must not be transported in cargo transport units when offered for transportation by vessel.
(7) Flexible Bulk Containers when transported by barge must be stowed in such a way that there are no void spaces between the Flexible Bulk Containers in the barge. If the Flexible Bulk Containers do not completely fill the barge, adequate measures must be taken to avoid shifting of cargo. The maximum permissible height of the stack of Flexible Bulk Containers must not exceed 3 containers high.
(d) A Flexible Bulk Container used to transport hazardous materials may not exceed 15 cubic meters (530 cubic feet) capacity.
§ 173.40   General packaging requirements for toxic materials packaged in cylinders.
When this section is referenced for a Hazard Zone A or B hazardous material elsewhere in this subchapter, the requirements in this section are applicable to cylinders used for that material.
(a) Authorized cylinders. (1) A cylinder must conform to a DOT specification or UN standard prescribed in subpart C of part 178 of this subchapter, or a TC, CTC, CRC, or BTC cylinder authorized in § 171.12 of this subchapter, except that acetylene cylinders and non-refillable cylinders are not authorized. The use of UN tubes and MEGCs is prohibited for Hazard Zone A materials.
(2) The use of a specification 3AL cylinder made of aluminum alloy 6351-T6 is prohibited for a Division 2.3 Hazard Zone A material or a Division 6.1 Hazard Zone A material.
(3) A UN composite cylinder certified to ISO-11119-3 is not authorized for a Division 2.3 Hazard Zone A or B material.
(4) For UN seamless cylinders used for Hazard Zone A materials, the maximum water capacity is 85 L.
(b) Outage and pressure requirements. For DOT specification cylinders, the pressure at 55 °C (131 °F) of Hazard Zone A and Hazard Zone B materials may not exceed the service pressure of the cylinder. Sufficient outage must be provided so that the cylinder will not be liquid full at 55 °C (131 °F).
(c) Closures. Each cylinder containing a Hazard Zone A material must be closed with a plug or valve conforming to the following:
(1) Each plug or valve must have a taper-threaded connection directly to the cylinder and be capable of withstanding the test pressure of the cylinder without damage or leakage. For UN pressure receptacles, each valve must be capable of withstanding the test pressure of the pressure receptacle and be connected directly to the pressure receptacle by either a taper thread or other means which meets the requirements of ISO 10692-2: (IBR, see § 171.7 of this subchapter).
(2) Each valve must be of the packless type with non-perforated diaphragm, except that, for corrosive materials, a valve may be of the packed type with an assembly made gas-tight by means of a seal cap with gasketed joint attached to the valve body or the cylinder to prevent loss of material through or past the packing.
(3) Each valve outlet must be sealed by a threaded cap or threaded solid plug and inert gasketing material.
(4) The materials of construction for the cylinder, valves, plugs, outlet caps, luting, and gaskets must be compatible with each other and with the lading.
(d) Additional handling protection. Each cylinder or cylinder overpack combination offered for transportation containing a Division 2.3 or 6.1 Hazard Zone A or B material must conform to the valve damage protection performance requirements of this section. In addition to the requirements of this section, overpacks must conform to the overpack provisions of § 173.25.
(1) DOT specification cylinders must conform to the following:
(i) Each cylinder with a wall thickness at any point of less than 2.03 mm (0.08 inch) and each cylinder that does not have fitted valve protection must be overpacked in a box. The box must conform to overpack provisions in § 173.25. Box and valve protection must be of sufficient strength to protect all parts of the cylinder and valve, if any, from deformation and breakage resulting from a drop of 2.0 m (7 ft) or more onto a non-yielding surface, such as concrete or steel, impacting at an orientation most likely to cause damage. “Deformation”means a cylinder or valve that is bent, distorted, mangled, misshapen, twisted, warped, or in a similar condition.
(ii) Each cylinder with a valve must be equipped with a protective metal or plastic cap, other valve protection device, or an overpack which is sufficient to protect the valve from breakage or leakage resulting from a drop of 2.0 m (7 ft) onto a non-yielding surface, such as concrete or steel. Impact must be at an orientation most likely to cause damage.
(2) Each UN cylinder containing a Hazard Zone A or Hazard Zone B material must have a minimum test pressure in accordance with P200 of the UN Recommendations (IBR, see § 171.7 of this subchapter). For Hazard Zone A gases, the cylinder must have a minimum wall thickness of 3.5 mm if made of aluminum alloy or 2 mm if made of steel or, alternatively, cylinders may be packed in a rigid outer packaging that meets the Packing Group I performance level when tested as prepared for transport, and that is designed and constructed to protect the cylinder and valve from puncture or damage that may result in release of the gas.
(e) Interconnection. Cylinders may not be manifolded or connected. This provision does not apply to MEGCs containing Hazard Zone B materials in accordance with § 173.312.
§ 173.41   Sampling and testing program for unrefined petroleum-based products.
(a) General. Unrefined petroleum-based products offered for transportation must be properly classed and described as prescribed in § 173.22, in accordance with a sampling and testing program, which specifies at a minimum:
(1) A frequency of sampling and testing that accounts for any appreciable variability of the material ( e.g., history, temperature, method of extraction [including chemical use], location of extraction, time of year, length of time between shipments);
(2) Sampling prior to the initial offering of the material for transportation and when changes that may affect the properties of the material occur ( i.e., mixing of the material from multiple sources, or further processing and then subsequent transportation);
(3) Sampling methods that ensure a representative sample of the entire mixture, as offered, is collected;
(4) Testing methods that enable classification of the material under the HMR;
(5) Quality control measures for sample frequencies;
(6) Duplicate sampling methods or equivalent measures for quality assurance;
(7) Criteria for modifying the sampling and testing program; and
(8) Testing or other appropriate methods used to identify properties of the mixture relevant to packaging requirements ( e.g., compatibility with packaging, identifying specific gravity for filling packages).
(b) Certification. Each person who offers a hazardous material for transportation shall certify, as prescribed by § 172.204 of this subchapter, that the material is offered for transportation in accordance with this subchapter, including the requirements prescribed by paragraph (a) of this section.
(c) Documentation, retention, review, and dissemination of program. The sampling and testing program must be documented in writing ( i.e. hardcopy or electronic file thereof) and must be retained for as long as the sampling and testing program remains in effect, or a minimum of one year. The sampling and testing program must be reviewed at least annually and revised and/or updated as necessary to reflect changed circumstances. The most recent version of the sampling and testing program must be available to the employees who are responsible for implementing it. When the sampling and testing program is updated or revised, all employees responsible for implementing it must be notified, and the most recent version must be made available.
(d) Access by DOT to program documentation. Each person required to develop and implement a sampling and testing program must maintain a copy of the sampling and testing program documentation (or an electronic file thereof) that is accessible at, or through, its principal place of business, and must make the documentation available upon request at a reasonable time and location to an authorized official of the Department of Transportation.
§ 173.50   Class 1—Definitions.
(a) Explosive. For the purposes of this subchapter, an explosive means any substance or article, including a device, which is designed to function by explosion ( i.e., an extremely rapid release of gas and heat) or which, by chemical reaction within itself, is able to function in a similar manner even if not designed to function by explosion, unless the substance or article is otherwise classed under the provisions of this subchapter. The term includes a pyrotechnic substance or article, unless the substance or article is otherwise classed under the provisions of this subchapter.
(b) Explosives in Class 1 are divided into six divisions as follows:
(1) Division 1.1 consists of explosives that have a mass explosion hazard. A mass explosion is one which affects almost the entire load instantaneously.
(2) Division 1.2 consists of explosives that have a projection hazard but not a mass explosion hazard.
(3) Division 1.3 consists of explosives that have a fire hazard and either a minor blast hazard or a minor projection hazard or both, but not a mass explosion hazard.
(4) Division 1.4 consists of explosives that present a minor explosion hazard. The explosive effects are largely confined to the package and no projection of fragments of appreciable size or range is to be expected. An external fire must not cause virtually instantaneous explosion of almost the entire contents of the package.
(5) Division 1.5 1 consists of very insensitive explosives. This division is comprised of substances which have a mass explosion hazard but are so insensitive that there is very little probability of initiation or of transition from burning to detonation under normal conditions of transport.
1 The probability of transition from burning to detonation is greater when large quantities are transported in a vessel.
(6) Division 1.6 2 consists of extremely insensitive articles that do not have a mass explosion hazard. This division is comprised of articles which predominately contain extremely insensitive substances and that demonstrate a negligible probability of accidental initiation or propagation.
2 The risk from articles of Division 1.6 is limited to the explosion of a single article.
§ 173.51   Authorization to offer and transport explosives.
(a) Unless otherwise provided in this subpart, no person may offer for transportation or transport an explosive, unless it has been tested and classed and approved by the Associate Administrator (§ 173.56).
(b) Reports of explosives approved by the Department of Defense or the Department of Energy must be filed with, and receive acknowledgement in writing by, the Associate Administrator prior to such explosives being offered for transportation.
§ 173.52   Classification codes and compatibility groups of explosives.
(a) The classification code for an explosive, which is assigned by the Associate Administrator in accordance with this subpart, consists of the division number followed by the compatibility group letter. Compatibility group letters are used to specify the controls for the transportation, and storage related thereto, of explosives and to prevent an increase in hazard that might result if certain types of explosives were stored or transported together. Transportation compatibility requirements for carriers are prescribed in §§ 174.81, 175.78. 176.83 and 177.848 of this subchapter for transportation by rail, air, vessel, and public highway, respectively, and storage incidental thereto.
(b) Compatibility groups and classification codes for the various types of explosives are set forth in the following tables. Table 1 sets forth compatibility groups and classification codes for substances and articles described in the first column of table 1. Table 2 shows the number of classification codes that are possible within each explosive division. Altogether, there are 35 possible classification codes for explosives.
Table 1—Classification Codes
Table 2—Scheme of Classification of Explosives, Combination of Hazard Division with Compatibility Group
§ 173.53   Provisions for using old classifications of explosives.
Where the classification system in effect prior to January 1, 1991, is referenced in State or local laws, ordinances or regulations not pertaining to the transportation of hazardous materials, the following table may be used to compare old and new hazard class names:
§ 173.54   Forbidden explosives.
Unless otherwise provided in this subchapter, the following explosives shall not be offered for transportation or transported:
(a) An explosive that has not been approved in accordance with § 173.56 of this subpart.
(b) An explosive mixture or device containing a chlorate and also containing:
(1) An ammonium salt, including a substituted ammonium or quaternary ammonium salt; or
(2) An acidic substance, including a salt of a weak base and a strong acid.
(c) A leaking or damaged package or article containing an explosive.
(d) Propellants that are unstable, condemned or deteriorated.
(e) Nitroglycerin, diethylene glycol dinitrate, or any other liquid explosives not specifically authorized by this subchapter.
(f) A loaded firearm (except as provided in 49 CFR 1544.219).
(g) Fireworks that combine an explosive and a detonator.
(h) Fireworks containing yellow or white phosphorus.
(i) A toy torpedo, the maximum outside dimension of which exceeds 23 mm (0.906 inch), or a toy torpedo containing a mixture of potassium chlorate, black antimony (antimony sulfide), and sulfur, if the weight of the explosive material in the device exceeds 0.26 g (0.01 ounce).
(j) Explosives specifically forbidden in the § 172.101 table of this subchapter.
(k) Explosives not meeting the acceptance criteria specified in § 173.57 of this subchapter.
(l) An explosive article with its means of initiation or ignition installed, unless approved in accordance with § 173.56.
§ 173.55   [Reserved]
§ 173.56   New explosives—definition and procedures for classification and approval.
(a) Definition of new explosive. For the purposes of this subchapter a new explosive means an explosive produced by a person who:
(1) Has not previously produced that explosive; or
(2) Has previously produced that explosive but has made a change in the formulation, design or process so as to alter any of the properties of the explosive. An explosive will not be considered a “new explosive” if an agency listed in paragraph (b) of this section has determined, and confirmed in writing to the Associate Administrator, that there are no significant differences in hazard characteristics from the explosive previously approved.
(b) Examination, classification and approval. Except as provided in §§ 173.64, 173.65, and 173.67, no person may offer a new explosive for transportation unless that person has specified to the examining agency the ranges of composition of ingredients and compounds, showing the intended manufacturing tolerances in the composition of substances or design of articles which will be allowed in that material or device, and unless it has been examined, classed and approved as follows:
(1) Except for an explosive made by or under the direction or supervision of the Department of Defense (DOD) or the Department of Energy (DOE), a new explosive must be examined and assigned a recommended shipping description, division and compatibility group, based on the tests and criteria prescribed in §§ 173.52, 173.57 and 173.58. The person requesting approval of the new explosive must submit to the Associate Administrator a report of the examination and assignment of a recommended shipping description, division, and compatibility group. If the Associate Administrator finds the approval request meets the regulatory criteria, the new explosive will be approved in writing and assigned an EX number. The examination must be performed by a person who is approved by the Associate Administrator under the provisions of subpart H of part 107 of this chapter and who—
(i) Has (directly, or through an employee involved in the examination) at least ten years of experience in the examination, testing and evaluation of explosives;
(ii) Does not manufacture or market explosives, and is not controlled by or financially dependent on any entity that manufactures or markets explosives, and whose work with respect to explosives is limited to examination, testing and evaluation; and
(iii) Is a resident of the United States.
(2) A new explosive made by or under the direction or supervision of a component of the DOD may be examined, classed, and concurred in by:
(i) U.S. Army Technical Center for Explosives Safety (SMCAC-EST), Naval Sea Systems Command (SEA-9934), or Air Force Safety Agency (SEW), when approved by the Chairman, DOD Explosives Board, in accordance with the DOD Ammunition and Explosives Hazard Classification Procedures (IBR, see § 171.7 of the subchapter); or
(ii) The agencies and procedures specified in paragraph (b)(1) of this section.
(3) A new explosive made by or under the direction or supervision of the Department of Energy (DOE) may be—
(i) Examined by the DOE in accordance with the DOD Explosives Hazard Classification Procedures, and must be classed and approved by DOE; or
(ii) Examined, classed, and approved in accordance with paragraph (b)(1) of this section.
(4) For a material shipped under the description of “ammonium nitrate-fuel oil mixture (ANFO)”, the only test required for classification purposes is the Cap Sensitivity Test—Test Method 5(a) prescribed in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of the subchapter). The test must be performed by an agency listed in paragraph (b)(1), (b)(2), or (b)(3) of this section, the manufacturer, or the shipper. A copy of the test report must be submitted to the Associate Administrator before the material is offered for transportation, and a copy of the test report must be retained by the shipper for as long as that material is shipped. At a minimum, the test report must contain the name and address of the person or organization conducting the test, date of the test, quantitative description of the mixture, including prill size and porosity, and a description of the test results.
(c) Filing DOD or DOE approval report. DOD or DOE must file a copy of each approval, accompanied by supporting laboratory data, with the Associate Administrator and receive acknowledgement in writing before offering the new explosive for transportation, unless the new explosive is:
(1) Being transported under paragraph (d) or (e) of this section; or
(2) Covered by a national security classification currently in effect.
(d) Transportation of explosive samples for examination. Notwithstanding the requirements of paragraph (b) of this section with regard to the transportation of a new explosive that has not been approved, a person may offer a sample of a new explosive for transportation, by railroad, highway, or vessel from the place where it was produced to an agency identified in paragraph (b) of this section, for examination if—
(1) The new explosive has been assigned a tentative shipping description and class in writing by the testing agency;
(2) The new explosive is packaged as required by this part according to the tentative description and class assigned, unless otherwise specified in writing by the testing agency; and,
(3) The package is labeled as required by this subchapter and the following is marked on the package:
(i) The words “SAMPLE FOR LABORATORY EXAMINATION”;
(ii) The net weight of the new explosive; and
(iii) The tentative shipping name and identification number.
(e) Transportation of unapproved explosives for developmental testing. Notwithstanding the requirements of paragraph (b) of this section, the owner of a new explosive that has not been examined or approved may transport that new explosive from the place where it was produced to an explosives testing range if—
(1) It is not a primary (a 1.1A initiating) explosive or a forbidden explosive according to this subchapter;
(2) It is described as a Division 1.1 explosive (substance or article) and is packed, marked, labeled, described on shipping papers and is otherwise offered for transportation in conformance with the requirements of this subchapter applicable to Division 1.1;
(3) It is transported in a motor vehicle operated by the owner of the explosive; and
(4) It is accompanied by a person, in addition to the operator of the motor vehicle, who is qualified by training and experience to handle the explosive.
(f) Notwithstanding the requirements of paragraphs (b) and (d) of this section, the Associate Administrator may approve a new explosive on the basis of an approval issued for the explosive by the competent authority of a foreign government, or when examination of the explosive by a person approved by the Associate Administrator is impracticable, on the basis of reports of tests conducted by disinterested third parties, or may approve the transportation of an explosives sample for the purpose of examination by a person approved by the Associate Administrator.
(g) An explosive may be transported under subparts B or C of part 171 or § 176.11 of this subchapter without the approval of the Associate Administrator as required by paragraph (b) of this section if the Associate Administrator has acknowledged in writing the acceptability of an approval issued by the competent authority of a foreign government pursuant to the provisions of the UN Recommendations, the ICAO Technical Instructions, the IMDG Code (IBR, see § 171.7 of this subchapter), or other national or international regulations based on the UN Recommendations. In such a case, a copy of the foreign competent authority approval, and a copy of the written acknowledgement of its acceptance must accompany each shipment of that explosive.
(h) The requirements of this section do not apply to cartridges, small arms which are:
(1) Not a forbidden explosive under § 173.54 of this subchapter;
(2) Ammunition for rifle, pistol, shotgun, or tools;
(3) Ammunition with inert projectile or blank ammunition; and
(4) Ammunition not exceeding 50 caliber for rifle or pistol cartridges or 8 gauge for shotgun shells.
(i) If experience or other data indicate that the hazard of a material or a device containing an explosive composition is greater or less than indicated according to the definition and criteria specified in §§ 173.50, 173.56, and 173.58 of this subchapter, the Associate Administrator may specify a classification or except the material or device from the requirements of this subchapter.
(j) [Reserved]
§ 173.57   Acceptance criteria for new explosives.
(a) Unless otherwise excepted, an explosive substance must be subjected to the Drop Weight Impact Sensitivity Test (Test Method 3(a)(i)), the Friction Sensitivity Test (Test Method 3(b)(iii)), the Thermal Stability Test (Test Method 3(c)) at 75 °C (167 °F) and the Small-Scale Burning Test (Test Method 3(d)(i)), each as described in the Explosive Test Manual (UN Manual of Tests and Criteria) (IBR, see § 171.7 of this subchapter). A substance is forbidden for transportation if any one of the following occurs:
(1) For a liquid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for liquids;
(2) For a solid, failure to pass the test criteria when tested in the Drop Weight Impact Sensitivity Test apparatus for solids;
(3) The substance has a friction sensitiveness equal to or greater than that of dry pentaerythrite tetranitrate (PETN) when tested in the Friction Sensitivity Test;
(4) The substance fails to pass the test criteria specified in the Thermal Stability Test at 75 °C (167 °F); or
(5) Explosion occurs when tested in the Small-Scale Burning Test.
(b) An explosive article, packaged or unpackaged, or a packaged explosive substance must be subjected to the Thermal Stability Test for Articles and Packaged Articles (Test method 4(a)(i)) and the Twelve Meter Drop Test (Test Method 4(b)(ii)), when appropriate, in the Explosive Test Manual. An article or packaged substance is forbidden for transportation if evidence of thermal instability or excessive impact sensitivity is found in those tests according to the criteria and methods of assessing results prescribed therein.
(c) Dynamite (explosive, blasting, type A) is forbidden for transportation if any of the following occurs:
(1) It does not have, when uniformly mixed with the absorbent material, a satisfactory antacid in a quantity sufficient to have the acid neutralizing power of an amount of magnesium carbonate equal to one percent of the nitroglycerin or other liquid explosive ingredient;
(2) During the centrifuge test (Test Method D-2, in appendix D to this part) or the compression test (Test Method D-3 in appendix D to this part), a non-gelatin dynamite loses more than 3 percent by weight of the liquid explosive or a gelatin dynamite loses more than 10 percent by weight of the liquid explosive; or
(3) During the leakage test (Test Method D-1 in appendix D to this part), there is any loss of liquid.
§ 173.58   Assignment of class and division for new explosives.
(a) Division 1.1, 1.2, 1.3, and 1.4 explosives. In addition to the test prescribed in § 173.57 of this subchapter, a substance or article in these divisions must be subjected to Test Methods 6(a), 6(b), and 6(c), as described in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), for assignment to an appropriate division. The criteria for assignment of class and division are as follows:
(1) Division 1.1 if the major hazard is mass explosion;
(2) Division 1.2 if the major hazard is dangerous projections;
(3) Division 1.3 if the major hazard is radiant heat or violent burning, or both, but there is no blast or projection hazard;
(4) Division 1.4 if there is a small hazard with no mass explosion and no projection of fragments of appreciable size or range;
(5) Division 1.4 Compatibility Group S (1.4S) if the hazardous effects are confined within the package or the blast and projection effects do not significantly hinder emergency response efforts. The UN Test Type 6(d) is used to determine whether a Division 1.4S classification is appropriate for an item assigned a proper shipping name to which special provision 347 ( see § 172.102 of this subchapter) applies; or
(6) Not in the explosive class if the substance or article does not have significant explosive hazard or if the effects of explosion are completely confined within the article.
(b) Division 1.5 explosive. Except for ANFO, a substance that has been examined in accordance with the provisions § 173.57(a) of this subchapter, must be subjected to the following additional tests: Cap Sensitivity Test, Princess Incendiary Spark Test, DDT Test, and External Fire Test, each as described in the Explosive Test Manual. A material may not be classed as a Division 1.5 explosive if any of the following occurs:
(1) Detonation occurs in the Cap Sensitivity Test (Test Method 5(a));
(2) Detonation occurs in the DDT Test (Test Method 5(b)(ii));
(3) An explosion, evidenced by a loud noise and projection of fragments, occurs in the External Fire Test (Test Method 5(c), or
(4) Ignition or explosion occurs in the Princess Incendiary Spark Test (Test Method 5(d)).
(c) Division 1.6 explosive. (1) In order to be classed as a 1.6 explosive, an article must pass all of the following tests, as prescribed in the Explosive Test Manual:
(i) The 1.6 Article External Fire Test;
(ii) The 1.6 Article Slow Cook-off Test;
(iii) The 1.6 Article Propagation Test; and
(iv) The 1.6 Article Bullet Impact Test.
(2) A substance intended for use as the explosive load in an article of Division 1.6 must be an extremely insensitive detonating substance (EIDS). In order to determine if a substance is an EIDS, it must be subjected to the tests in paragraphs (c)(2)(i) through (c)(2)(x) of this section, which are described in the Explosive Test Manual. The substance must be tested in the form (i.e., composition, granulation, density, etc.) in which it is to be used in the article. A substance is not an EIDS if it fails any of the following tests:
(i) The Drop Weight Impact Sensitivity Test;
(ii) The Friction Sensitivity Test;
(iii) The Thermal Sensitivity Test at 75 °C (167 °F);
(iv) The Small Scale Burning Test;
(v) The EIDS Cap Test;
(vi) The EIDS Gap Test;
(vii) The Susan Test;
(viii) The EIDS Bullet Impact Test;
(ix) The EIDS External Fire Test; and
(x) The EIDS Slow Cook-off Test.
(d) The Associate Administrator may waive or modify certain test(s) identified in §§ 173.57 and 173.58 of this subchapter, or require additional testing, if appropriate. In addition, the Associate Administrator may limit the quantity of explosive in a device.
(e) Each explosive is assigned a compatibility group letter by the Associate Administrator based on the criteria prescribed in § 173.52(b) of this subchapter.
§ 173.59   Description of terms for explosives.
For the purpose of this subchapter, a description of the following terms is provided for information only. They must not be used for purposes of classification or to replace proper shipping names prescribed in § 172.101 of this subchapter.
Ammonium-nitrate—fuel oil mixture (ANFO). A blasting explosive containing no essential ingredients other than prilled ammonium nitrate and fuel oil.
Ammunition. Generic term related mainly to articles of military application consisting of all types of bombs, grenades, rockets, mines, projectiles and other similar devices or contrivances.
Ammunition, illuminating, with or without burster, expelling charge or propelling charge. Ammunition designed to produce a single source of intense light for lighting up an area. The term includes illuminating cartridges, grenades and projectiles, and illuminating and target identification bombs. The term excludes the following articles which are listed separately: cartridges, signal; signal devices; hand signals; distress flares, aerial and flares, surface.
Ammunition, incendiary. Ammunition containing an incendiary substance which may be a solid, liquid or gel including white phosphorus. Except when the composition is an explosive per se, it also contains one or more of the following: a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge. The term includes: Ammunition, incendiary, liquid or gel, with burster, expelling charge or propelling charge; Ammunition, incendiary with or without burster, expelling charge or propelling charge; and Ammunition, incendiary, white phosphorus, with burster, expelling charge or propelling charge.
Ammunition, practice. Ammunition without a main bursting charge, containing a burster or expelling charge. Normally it also contains a fuze and propelling charge. The term excludes the following article which is listed separately: Grenades, practice.
Ammunition, proof. Ammunition containing pyrotechnic substance, used to test the performance or strength of new ammunition, weapon component or assemblies.
Ammunition, smoke. Ammunition containing a smoke-producing substance such as chlorosulphonic acid mixture (CSAM), titanium tetrachloride (FM), white phosphorus, or smoke-producing substance whose composition is based on hexachlorothannol (HC) or red phosphorus. Except when the substance is an explosive per se, the ammunition also contains one or more of the following: a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge. The term includes: Ammunition, smoke, with or without burster, expelling charge or propelling charge; Ammunition, smoke, white phosphorus with burster, expelling charge or propelling charge.
Ammunition, tear-producing with burster, expelling charge or propelling charge. Ammunition containing tear-producing substance. It may also contain one or more of the following: a pyrotechnic substance, a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge.
Ammunition, toxic. Ammunition containing toxic agent. It may also contain one or more of the following: a pyrotechnic substance, a propelling charge with primer and igniter charge, or a fuze with burster or expelling charge.
Articles, explosive, extremely insensitive (Articles, EEI). Articles that contain only extremely insensitive substances and which demonstrate a negligible probability of accidental initiation or propagation under normal conditions of transport and which have passed Test Series 7.
Articles, pyrophoric. Articles which contain a pyrophoric substance (capable of spontaneous ignition when exposed to air) and an explosive substance or component. The term excludes articles containing white phosphorus.
Articles, pyrotechnic for technical purposes. Articles which contain pyrotechnic substances and are used for technical purposes, such as heat generation, gas generation, theatrical effects, etc. The term excludes the following articles which are listed separately: all ammunition; cartridges, signal; cutters, cable, explosive; fireworks; flares, aerial; flares, surface; release devices, explosives; rivets, explosive; signal devices, hand; signals, distress; signals, railway track, explosive ; and signals, smoke.
Auxiliary explosive component, isolated. A small device that explosively performs an operation related to the article's functioning, other than its main explosive loads' performance. Functioning of the component does not cause any reaction of the main explosive loads contained within the article.
Black powder (gunpowder). Substance consisting of an intimate mixture of charcoal or other carbon and either potassium or sodium nitrate, and sulphur. It may be meal, granular, compressed, or pelletized.
Bombs. Explosive articles which are dropped from aircraft. They may contain a flammable liquid with bursting charge, a photo-flash composition or bursting charge. The term excludes torpedoes (aerial) and includes bombs, photo-flash; bombs with bursting charge; bombs with flammable liquids, with bursting charge.
Boosters. Articles consisting of a charge of detonating explosive without means of initiation. They are used to increase the initiating power of detonators or detonating cord.
Bursters, explosive. Articles consisting of a small charge of explosive to open projectiles or other ammunition in order to disperse their contents.
Cartridges, blank. Articles that consist of a cartridge case with a center or rim fire primer and a confined charge of smokeless or black powder, but no projectile. Used in training, saluting, or in starter pistols, tools, etc.
Cartridges, flash. Articles consisting of a casing, a primer and flash powder, all assembled in one piece for firing.
Cartridges for weapons. (1) Fixed (assembled) or semi-fixed (partially assembled) ammunition designed to be fired from weapons. Each cartridge includes all the components necessary to function the weapon once. The name and description should be used for military small arms cartridges that cannot be described as cartridges, small arms. Separate loading ammunition is included under this name and description when the propelling charge and projectile are packed together (see also Cartridges, blank).
(2) Incendiary, smoke, toxic, and tear-producing cartridges are described under ammunition, incendiary, etc.
Cartridges for weapons, inert projectile. Ammunition consisting of a casing with propelling charge and a solid or empty projectile.
Cartridges, oil well. Articles consisting of a casing of thin fiber, metal or other material containing only propellant explosive. The term excludes charges, shaped, commercial.
Cartridges, power device. Articles designed to accomplish mechanical actions. They consist of a casing with a charge of deflagrating explosive and a means of ignition. The gaseous products of the deflagration produce inflation, linear or rotary motion; activate diaphragms, valves or switches, or project fastening devices or extinguishing agents.
Cartridges, signal. Articles designed to fire colored flares or other signals from signal pistols or devices.
Cartridges, small arms. Ammunition consisting of a cartridge case fitted with a center or rim fire primer and containing both a propelling charge and solid projectile(s). They are designed to be fired in weapons of caliber not larger than 19.1 mm. Shotgun cartridges of any caliber are included in this description. The term excludes: Cartridges, small arms, blank, and some military small arms cartridges listed under Cartridges for weapons, inert projectile.
Cases, cartridge, empty with primer. Articles consisting of a cartridge case made from metal, plastics or other non-flammable materials, in which only the explosive component is the primer.
Cases, combustible, empty, without primer. Articles consisting of cartridge cases made partly or entirely from nitrocellulose.
Charges, bursting. Articles consisting of a charge of detonating explosive such as hexolite, octolite, or plastics-bonded explosive designed to produce effect by blast or fragmentation.
Charges, demolition. Articles consisting of a charge of detonating explosive in a casing of fiberboard, plastics, metal or other material. The term excludes articles identified as bombs, mines, etc.
Charges, depth. Articles consisting of a charge of detonating explosive contained in a drum or projectile. They are designed to detonate under water.
Charges, expelling. A charge of deflagrating explosive designed to eject the payload from the parent article without damage.
Charges, explosive, without detonator. Articles consisting of a charge of detonating explosive without means of initiation, used for explosive welding, joining, forming, and other processes.
Charges, propelling. Articles consisting of propellant charge in any physical form, with or without a casing, for use in cannon or for reducing drag for projectiles or as a component of rocket motors.
Charges, propelling for cannon. Articles consisting of a propellant charge in any physical form, with or without a casing, for use in a cannon.
Charges, shaped, without detonator. Articles consisting of a casing containing a charge of detonating explosive with a cavity lined with rigid material, without means of initiation. They are designed to produce a powerful, penetrating jet effect.
Charges, shaped, flexible, linear. Articles consisting of a V-shaped core of a detonating explosive clad by a flexible metal sheath.
Charges, supplementary, explosive. Articles consisting of a small removable booster used in the cavity of a projectile between the fuze and the bursting charge.
Components, explosive train, n.o.s. Articles containing an explosive designed to transmit a detonation or deflagration within an explosive train.
Consumer firework. Any finished firework device that is in a form intended for use by the public that complies with any limits and requirements of the APA Standard 87-1A (IBR, see § 171.7 of this subchapter) and the construction, performance, chemical composition, and labeling requirements codified by the U.S. Consumer Product Safety Commission in 16 CFR parts 1500 and 1507. A consumer firework does not include firework devices, kits or components banned by the U.S. Consumer Product Safety Commission in 16 CFR 1500.17(a)(8).
Contrivance, water-activated with burster, expelling charge or propelling charge. Articles whose functioning depends of physico-chemical reaction of their contents with water.
Cord, detonating, flexible. Articles consisting of a core of detonating explosive enclosed in spun fabric with plastics or other covering.
Cord (fuse) detonating, metal clad. Articles consisting of a core of detonating explosive clad by a soft metal tube with or without protective covering. When the core contains a sufficiently small quantity of explosive, the words “mild effect” are added.
Cord igniter. Articles consisting of textile yarns covered with black powder or another fast-burning pyrotechnic composition and a flexible protective covering, or consisting of a core of black powder surrounded by a flexible woven fabric. It burns progressively along its length with an external flame and is used to transmit ignition from a device to a charge or primer.
Cutters, cable, explosive. Articles consisting of a knife-edged device which is driven by a small charge of deflagrating explosive into an anvil.
Detonator assemblies, non-electric, for blasting. Non-electric detonators assembled with and activated by such means as safety fuse, shock tube, flash tube, or detonating cord. They may be of instantaneous design or incorporate delay elements. Detonating relays incorporating detonating cord are included. Other detonating relays are included in Detonators, nonelectric.
Detonators. Articles consisting of a small metal or plastic tube containing explosives such as lead azide, PETN, or combinations of explosives. They are designed to start a detonation train. They may be constructed to detonate instantaneously or may contain a delay element. They may contain no more than 10 g of total explosives weight, excluding ignition and delay charges, per unit. The term includes: detonators for ammunition; detonators for blasting (electric, electronic, and non-electric); and detonating relays without flexible detonating cord.
Detonators, electronic programmable for blasting. Detonators using electronic components, such as an integrated circuit and/or micro processing technology to provide communications, energy control and storage capability, timing delay information, and validated commands to send a firing signal to the initiating charge.
Dynamite. A detonating explosive containing a liquid explosive ingredient (generally nitroglycerin, similar organic nitrate esters, or both) that is uniformly mixed with an absorbent material, such as wood pulp, and usually contains materials such as nitrocellulose, sodium and ammonium nitrate.
Entire load and total contents. The phrase means such a substantial portion of the material explodes that the practical hazard should be assessed by assuming simultaneous explosion of the whole of the explosive content of the load or package.
Explode. The term indicates those explosive effects capable of endangering life and property through blast, heat, and projection of missiles. It encompasses both deflagration and detonation.
Explosion of the total contents. The phrase is used in testing a single article or package or a small stack of articles or packages.
Explosive, blasting. Detonating explosive substances used in mining, construction, and similar tasks. Blasting explosives are assigned to one of five types. In addition to the ingredients listed below for each type, blasting explosives may also contain inert components, such as kieselguhr, and other minor ingredients, such as coloring agents and stabilizers.
Explosive, blasting, type A. Substances consisting of liquid organic nitrates, such as nitroglycerin, or a mixture of such ingredients with one or more of the following: nitrocellulose, ammonium nitrate or other inorganic nitrates, aromatic nitro-derivatives, or combustible materials, such as wood-meal and aluminum powder. Such explosives must be in powdery, gelatinous, plastic or elastic form. The term includes dynamite, blasting gelatine and gelatine dynamites.
Explosive, blasting, type B. Substances consisting of a mixture of ammonium nitrate or other inorganic nitrates with an explosive, such as trinitrotoluene, with or without other substances, such as wood-meal or aluminum powder, or a mixture of ammonium nitrate or other inorganic nitrates with other combustible substances which are not explosive ingredients. Such explosives may not contain nitroglycerin, similar liquid organic nitrates, or chlorates.
Explosive, blasting, type C. Substances consisting of a mixture of either potassium or sodium chlorate or potassium, sodium or ammonium perchlorate with organic nitro-derivatives or combustible materials, such as wood-meal or aluminum powder, or a hydrocarbon. Such explosives must not contain nitroglycerin or any similar liquid organic nitrate.
Explosive, blasting, type D. Substances consisting of a mixture of organic nitrate compounds and combustible materials, such as hydrocarbons and aluminum powder. Such explosives must not contain nitroglycerin, any similar liquid organic nitrate, chlorate or ammonium-nitrate. The term generally includes plastic explosives.
Explosive, blasting, type E. Substances consisting of water as an essential ingredient and high proportions of ammonium nitrate or other oxidizer, some or all of which are in solution. The other constituents may include nitro-derivatives, such as trinitrotoluene, hydrocarbons or aluminum powder. The term includes: explosives, emulsion; explosives, slurry; and explosives, watergel.
Explosive, deflagrating. A substance, e.g., propellant, which reacts by deflagration rather than detonation when ignited and used in its normal manner.
Explosive, detonating. A substance which reacts by detonation rather than deflagration when initiated and used in its normal manner.
Explosive, extremely insensitive substance (EIS). A substance that has demonstrated through tests that it is so insensitive that there is very little probability of accidental initiation.
Explosive, primary. Explosive substance which is manufactured with a view to producing a practical effect by explosion, is very sensitive to heat, impact, or friction, and even in very small quantities, detonates. The major primary explosives are mercury fulminate, lead azide, and lead styphnate.
Explosive, secondary. An explosive substance which is relatively insensitive (when compared to primary explosives) and is usually initiated by primary explosives with or without the aid of boosters or supplementary charges. Such an explosive may react as a deflagrating or as a detonating explosive.
Fireworks. Pyrotechnic articles designed for entertainment.
Flares. Articles containing pyrotechnic substances which are designed to illuminate, identify, signal, or warn. The term includes: flares, aerial and flares, surface.
Flash powder. Pyrotechnic substance which, when ignited, produces an intense light.
Fracturing devices, explosive, for oil wells, without detonators. Articles consisting of a charge of detonating explosive contained in a casing without the means of initiation. They are used to fracture the rock around a drill shaft to assist the flow of crude oil from the rock.
Fuse/Fuze. Although these two words have a common origin (French fusee, fusil) and are sometimes considered to be different spellings, it is useful to maintain the convention that fuse refers to a cord-like igniting device, whereas fuze refers to a device used in ammunition which incorporates mechanical, electrical, chemical, or hydrostatic components to initiate a train by deflagration or detonation.
Fuse, igniter. Articles consisting of a metal tube with a core of deflagrating explosives.
Fuse, instantaneous, non-detonating (Quickmatch). Article consisting of cotton yarns impregnated with fine black powder. It burns with an external flame and is used in ignition trains for fireworks, etc.
Fuse, safety. Article consisting of a core of fine-grained black powder surrounded by a flexible woven fabric with one or more protective outer coverings. When ignited, it burns at a predetermined rate without any explosive effect.
Fuzes. Articles designed to start a detonation or deflagration in ammunition. They incorporate mechanical, electrical, chemical, or hydrostatic components and generally protective features. The term includes: Fuzes, detonating; fuzes detonating with protective features; and fuzes igniting.
Grenades, hand or rifle. Articles which are designed to be thrown by hand or to be projected by rifle. The term includes: grenades, hand or rifle, with bursting charge; and grenades, practice, hand or rifle. The term excludes: grenades, smoke.
Igniters. Articles containing one or more explosive substance used to start deflagration of an explosive train. They may be actuated chemically, electrically, or mechanically. The term excludes: cord, igniter; fuse, igniter; fuse, instantaneous, non-detonating; fuze, igniting; lighters, fuse, instantaneous, non-detonating; fuzes, igniting; lighters, fuse; primers, cap type; and primers, tubular.
Ignition, means of. A general term used in connection with the method employed to ignite a deflagrating train of explosive or pyrotechnic substances (for example: a primer for propelling charge, an igniter for a rocket motor or an igniting fuze).
Initiation, means of. (1) A device intended to cause the detonation of an explosive (for example: detonator, detonator for ammunition, or detonating fuze).
(2) The term with its own means of initiation means that the contrivance has its normal initiating device assembled to it and this device is considered to present a significant risk during transport but not one great enough to be unacceptable. The term does not apply, however, to a contrivance packed together with its means of initiation, provided the device is packaged so as to eliminate the risk of causing detonation of the contrivance in the event of functioning of the initiating device. The initiating device can even be assembled in the contrivance provided there are protective features ensuring that the device is very unlikely to cause detonation of the contrivance under conditions which are associated with transport.
(3) For the purposes of classification, any means of initiation without two effective protective features should be regarded as Compatibility Group B; an article with its own means of initiation, without two effective protective features, is Compatibility Group F. A means of initiation which itself possesses two effective protective features is Compatibility Group D, and an article with its own means of initiation which possesses two effective features is Compatibility Group D or E. A means of initiation, adjudged as having two effective protective features, must be approved by the Associate Administrator. A common and effective way of achieving the necessary degree of protection is to use a means of initiation which incorporates two or more independent safety features.
Jet perforating guns, charged, oil well, without detonator. Articles consisting of a steel tube or metallic strip, into which are inserted shaped charges connected by detonating cord, without means of initiation.
Lighters, fuse. Articles of various design actuated by friction, percussion, or electricity and used to ignite safety fuse.
Mass explosion. Explosion which affects almost the entire load virtually instantaneously.
Mines. Articles consisting normally of metal or composition receptacles and bursting charge. They are designed to be operated by the passage of ships, vehicles, or personnel. The term includes Bangalore torpedoes.
Phlegmatized. The term means that a substance (or “phlegmatizer”) has been added to an explosive to enhance its safety in handling and transport. The phlegmatizer renders the explosive insensitive, or less sensitive, to the following actions: heat, shock, impact, percussion or friction. Typical phlegmatizing agents include, but are not limited to: wax, paper, water, polymers (such as chlorofluoropolymers), alcohol and oils (such as petroleum jelly and paraffin).
Powder cake (powder paste). Substance consisting of nitrocellulose impregnated with not more than 60 percent of nitroglycerin or other liquid organic nitrates or a mixture of these.
Powder, smokeless. Substance based on nitrocellulose used as propellant. The term includes propellants with a single base (nitrocellulose (NC) alone), those with a double base (such as NC and nitroglycerin (NG)) and those with a triple base (such as NC/NG/nitroguanidine). Cast pressed or bag-charges of smokeless powder are listed under charges, propelling and charges, propelling for cannon.
Primers, cap type. Articles consisting of a metal or plastic cap containing a small amount of primary explosive mixture that is readily ignited by impact. They serve as igniting elements in small arms cartridges and in percussion primers for propelling charges.
Primers, tubular. Articles consisting of a primer for ignition and an auxiliary charge of deflagrating explosive, such as black powder, used to ignite the propelling charge in a cartridge case for cannon, etc.
Projectiles. Articles, such as a shell or bullet, which are projected from a cannon or other artillery gun, rifle, or other small arm. They may be inert, with or without tracer, or may contain a burster, expelling charge or bursting charge. The term includes: projectiles, inert, with tracer; projectiles, with burster or expelling charge; and projectiles, with bursting charge.
Propellant, liquid. Substances consisting of a deflagrating liquid explosive, used for propulsion.
Propellant, solid. Substances consisting of a deflagrating solid explosive, used for propulsion.
Propellants. Deflagrating explosives used for propulsion or for reducing the drag of projectiles.
Release devices, explosive. Articles consisting of a small charge of explosive with means of initiation. They sever rods or links to release equipment quickly.
Rocket motors. Articles consisting of a solid, liquid, or hypergolic propellant contained in a cylinder fitted with one or more nozzles. They are designed to propel a rocket or guided missile. The term includes: rocket motors; rocket motors with hypergolic liquids with or without an expelling charge; and rocket motors, liquid fuelled.
Rockets. Articles containing a rocket motor and a payload which may be an explosive warhead or other device. The term includes: guided missiles; rockets, line-throwing; rockets, liquid fuelled, with bursting charge; rockets, with bursting charge; rockets, with expelling charge; and rockets, with inert head.
Signals. Articles consisting of pyrotechnic substances designed to produce signals by means of sound, flame, or smoke or any combination thereof. The term includes: signal devices, hand; signals, distress ship; signals, railway track, explosive; signals, smoke.
Sounding devices, explosive. Articles consisting of a charge of detonating explosive. They are dropped from ships and function when they reach a predetermined depth or the sea bed.
Substance, explosive, very insensitive (Substance, EVI) N.O.S. Substances which present a mass explosive hazard but which are so insensitive that there is very little probability of initiation, or of transition from burning to detonation under normal conditions of transport and which have passed test series 5.
Torpedoes. Articles containing an explosive or non-explosive propulsion system and designed to be propelled through water. They may contain an inert head or warhead. The term includes: torpedoes, liquid fuelled, with inert head; torpedoes, liquid fuelled, with or without bursting charge; and torpedoes, with bursting charge.
Tracers for ammunition. Sealed articles containing pyrotechnic substances, designed to reveal the trajectory of a projectile.
Warheads. Articles containing detonating explosives, designed to be fitted to a rocket, guided missile, or torpedo. They may contain a burster or expelling charge or bursting charge. The term includes: warhead rocket with bursting charge; and warheads, torpedo, with bursting charge.
§ 173.60   General packaging requirements for explosives.
(a) Unless otherwise provided in this subpart and in § 173.7(a), packaging used for Class 1 (explosives) materials must meet Packing Group II requirements. Each packaging used for an explosive must be capable of meeting the test requirements of subpart M of part 178 of this subchapter, at the specified level of performance, and the applicable general packaging requirements of paragraph (b) of this section.
(b) The general requirements for packaging of explosives are as follows:
(1) Nails, staples, and other closure devices, made of metal, having no protective covering may not penetrate to the inside of the outer packaging unless the inner packaging adequately protects the explosive against contact with the metal.
(2) The closure device of containers for liquid explosives must provide double protection against leakage, such as a screw cap secured in place with tape.
(3) Inner packagings, fittings, and cushioning materials, and the placing of explosive substances or articles in packages, must be such that the explosive substance is prevented from becoming loose in the outer packaging during transportation. Metallic components of articles must be prevented from making contact with metal packagings. Articles containing explosive substances not enclosed in an outer casing must be separated from each other in order to prevent friction and impact. Padding, trays, partitioning in the inner or outer packaging, molded plastics or receptacles may be used for this purpose.
(4) When the packaging includes water that could freeze during transportation, a sufficient amount of anti-freeze, such as denatured ethyl alcohol, must be added to the water to prevent freezing. If the anti-freeze creates a fire hazard, it may not be used. When a percentage of water in the substance is specified, the combined weight of water and anti-freeze may be substituted.
(5) If an article is fitted with its own means of ignition or initiation, it must be effectively protected from accidental actuation during normal conditions of transportation.
(6) The entry of explosive substances into the recesses of double-seamed metal packagings must be prevented.
(7) The closure device of a metal drum must include a suitable gasket; if the closure device includes metal-to-metal screw-threads, the ingress of explosive substances into the threading must be prevented.
(8) Whenever loose explosive substances or the explosive substance of an uncased or partly cased article may come into contact with the inner surface of metal packagings (1A2, 1B2, 4A, 4B and metal receptacles), the metal packaging should be provided with an inner liner or coating.
(9) Packagings must be made of materials compatible with, and impermeable to, the explosives contained in the package, so that neither interaction between the explosives and the packaging materials, nor leakage, causes the explosive to become unsafe in transportation, or the hazard division or compatibility group to change ( see § 173.24(e)(2)).
(10) An explosive article containing an electrical means of initiation that is sensitive to external electromagnetic radiation, must have its means of initiation effectively protected from electromagnetic radiation sources (for example, radar or radio transmitters) through either design of the packaging or of the article, or both.
(11) Plastic packagings may not be able to generate or accumulate sufficient static electricity to cause the packaged explosive substances or articles to initiate, ignite or inadvertently function. Metal packagings must be compatible with the explosive substance they contain.
(12) Explosive substances may not be packed in inner or outer packagings where the differences in internal and external pressures, due to thermal or other effects, could cause an explosion or rupture of the package.
(13) Packagings for water soluble substances must be water resistant. Packagings for desensitized or phlegmatized substances must be closed to prevent changes in concentration during transport. When containing less alcohol, water, or phlegmatizer than specified in its proper shipping description, the substance is a “forbidden” material.
(14) Large and robust explosives articles, normally intended for military use, without their means of initiation or with their means of initiation containing at least two effective protective features, may be carried unpackaged provided that a negative result was obtained in Test Series 4 of the UN Manual of Tests and Criteria on an unpackaged article. When such articles have propelling charges or are self-propelled, their ignition systems must be protected against conditions encountered during normal transportation. Such unpackaged articles may be fixed to cradles or contained in crates or other suitable handling, storage or launching devices in such a way that they will not become loose during normal conditions of transport and are in accordance with DOD-approved procedures. When such large explosive articles, as part of their operational safety and suitability tests, are subjected to testing that meets the intentions of Test Series 4 of the UN Manual of Tests and Criteria with successful test results, they may be offered for transportation in accordance with the requirements prescribed in (b)(14) above subject to approval by the Associate Administrator.
§ 173.61   Mixed packaging requirements.
(a) An explosive may not be packed in the same outside packaging with any other material that could, under normal conditions of transportation, adversely affect the explosive or its packaging unless packaged by DOD or DOE in accordance with § 173.7(a).
(b) Hardware necessary for assembly of explosive articles at the point-of-use may be packed in the same outside packaging with the explosive articles. The hardware must be securely packed in a separate inside packaging. Sufficient cushioning materials must be used to ensure that all inside packagings are securely packed in the outside packaging.
(c) The following explosives may not be packed together with other Class 1 explosives: UN 0029, UN 0030, UN 0073, UN 0106, UN 0107, UN 0255, UN 0257, UN 0267, UN 0350, UN 0360, UN 0361, UN 0364, UN 0365, UN 0366, UN 0367, UN 0408, UN 0409, UN 0410, UN 0455, UN 0456, and UN 0500. These explosives may be mix-packed with each other in accordance with the compatibility requirements prescribed in paragraph (e) of this section.
(d) Division 1.1 and 1.2 explosives may not be packed with the following explosives: UN 0333, UN 0334, UN 0335, UN 0336, and UN 0337.
(e) Except as prescribed in paragraphs (c) and (d) of this section, different explosives may be packed in one outside packaging in accordance with the following compatibility requirements:
(1) Explosives of the same compatibility group and same division number may be packed together.
(2) Explosives of the same compatibility group or authorized combination of compatibility group but different division number may be packed together, provided that the whole package is treated as though its entire contents were comprised of the lower division number. For example, a mixed package of Division 1.2 explosives and Division 1.4 explosives, compatibility group D, must be treated as 1.2D explosives. However, when 1.5D explosives are packed together with 1.2D explosives, the whole package must be treated as 1.1D explosives.
(3) Explosives of compatibility group S may be packaged together with explosives of any other compatibility group except A or L, and the combined package may be treated as belonging to any of the packaged compatibility groups except S.
(4) Explosives of compatibility group L shall only be packed with an identical explosive.
(5) Explosives articles of compatibility groups C, D, or E may be packed together and the entire package shall be treated as belonging to compatibility group E.
(6) Explosives articles of compatibility groups C, D, E, or N may be packed together and the entire package shall be treated as belonging to compatibility group D.
(7) Explosives substances of compatibility groups C and D may be packaged together and the entire package shall be treated as belonging to compatibility group D.
(8) Explosive articles of compatibility group G, except for fireworks and articles requiring special packaging, may be packaged together with explosive articles of compatibility groups C, D or E and the combined package shall be treated as belonging to compatibility group E.
§ 173.62   Specific packaging requirements for explosives.
(a) Except as provided in § 173.7 of this subchapter, when the § 172.101 Table specifies that an explosive must be packaged in accordance with this section, only packagings which conform to the provisions of paragraphs (b) and (c) of this section or § 173.7(e) of this subchapter and the applicable requirements in §§ 173.60 and 173.61 may be used unless otherwise approved by the Associate Administrator.
(b) Explosives Table. The Explosives Table specifies the Packing Instructions assigned to each explosive. Explosives are identified in the first column in numerical sequence by their identification number (ID #), which is listed in column 4 of the § 172.101 table, of this subchapter. The second column of the Explosives Table specifies the Packing Instruction (PI) which must be used for packaging the explosive. The Explosives Packing Method Table in paragraph (c) of this section defines the methods of packaging. The Packing Instructions are identified using a 3 digit designation. The Packing Instruction prefixed by the letters “US” is particular to the United States and not found in applicable international regulations.
Table 1 to Paragraph ( b ): Explosives Table
(c) Explosives must be packaged in accordance with the following table:
(1) The first column lists, in alphanumeric sequence, the packing methods prescribed for explosives in the Explosives Table of paragraph (b) of this section.
(2) The second column specifies the inner packagings that are required. If inner packagings are not required, a notation of “Not necessary” appears in the column. The term “Not necessary” means that a suitable inner packaging may be used but is not required.
(3) The third column specifies the intermediate packagings that are required. If intermediate packagings are not required, a notation of “Not necessary” appears in the column. The term “Not necessary” means that a suitable intermediate packaging may be used but is not required.
(4) The fourth column specifies the outer packagings which are required. If inner packagings and/or intermediate packagings are specified in the second and third columns, then the packaging specified in the fourth column must be used as the outer packaging of a combination packaging; otherwise it may be used as a single packaging.
(5) Packing Instruction 101 may be used for any explosive substance or article if an equivalent level of safety is shown to be maintained subject to the approval of the Associate Administrator.
§ 173.63   Packaging exceptions.
(a) Cord, detonating (UN 0065), having an explosive content not exceeding 6.5 g (0.23 ounces) per 30 centimeter length (one linear foot) may be offered for transportation domestically and transported as Cord, detonating (UN 0289), Division 1.4 Compatibility Group D (1.4D) explosives, if the gross weight of all packages containing Cord, detonating (UN 0065), does not exceed 45 kg (99 pounds) per:
(1) Transport vehicle, freight container, or cargo-only aircraft;
(2) Off-shore down-hole tool pallet carried on an off-shore supply vessel;
(3) Cargo compartment of a cargo vessel; or
(4) Passenger-carrying aircraft used to transport personnel to remote work sites, such as offshore drilling units.
(b) Limited quantities of Cartridges, small arms, Cartridges, power device, Cartridges for tools, blank, and Cases, cartridge, empty with primer. (1)(i) Cartridges, small arms, Cartridges, power device (used to project fastening devices), Cartridges for tools, blank, and Cases, cartridge, empty with primer that have been classed as Division 1.4S explosive may be offered for transportation and transported as limited quantities when packaged in accordance with paragraph (b)(2) of this section. Packages containing such articles may be marked with either the marking prescribed in § 172.315(a) or (b) of this subchapter and offered for transportation and transported by any mode. For transportation by aircraft, the package must conform to the applicable requirements of § 173.27 of this part. In addition, packages containing such articles offered for transportation by aircraft must be marked with the proper shipping name as prescribed in the § 172.101 Hazardous Materials Table of this subchapter. Packages containing such articles are not subject to the shipping paper requirements of subpart C of part 172 of this subchapter unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel. Additionally, packages containing such articles are excepted from the requirements of subparts E (Labeling) and F (Placarding) of part 172 of this subchapter.
(ii) Cartridges, small arms, Cartridges, power device ( used to project fastening devices ), Cartridges for tools, blank, and Cases, cartridge empty with primer that may be shipped as a limited quantity are as follows:
(A) Ammunition for rifle, pistol or shotgun;
(B) Ammunition with inert projectiles or blank ammunition;
(C) Ammunition having no tear gas, incendiary, or detonating explosive projectiles;
(D) Ammunition not exceeding 12.7 mm (50 caliber or 0.5 inch) for rifle or pistol, cartridges or 8 gauge for shotshells;
(E) Cartridges for tools, blank; and
(F) Cases, cartridge, empty with primer.
(G) Cartridges, power device ( used to project fastening devices ).
(2) Packaging for Cartridges, small arms, Cartridges for tools, blank, Cases, cartridge empty with primer, and eligible Cartridges, power device as limited quantity must be as follows:
(i) Ammunition must be packed in inside boxes, or in partitions that fit snugly in the outside packaging, or in metal clips;
(ii) Primers must be protected from accidental initiation;
(iii) Inside boxes, partitions or metal clips must be packed in securely-closed strong outside packagings;
(iv) Maximum gross weight is limited to 30 kg (66 pounds) per package; and
(v) Cartridges for tools, blank, Cartridges, power devices which are used to project fastening devices, Cases, cartridge, empty with primer, and 22 caliber rim-fire cartridges may be packaged loose in strong outside packagings.
(c) [Reserved]
(d) Reverse logistics. Hazardous materials meeting the definition of “reverse logistics” under § 171.8 of this subchapter and in compliance with paragraph (b) of this section may be offered for transport and transported in highway transportation in accordance with § 173.157.
(e) [Reserved]
(f) Detonators containing no more than 1 g explosive (excluding ignition and delay charges) that are electric blasting caps with leg wires 4 feet long or longer, delay connectors in plastic sheaths, or blasting caps with empty plastic tubing 12 feet long or longer may be packed as follows in which case they are excepted from the packaging requirements of § 173.62:
(1) No more than 50 detonators in one inner packaging;
(2) IME Standard 22 container (IBR, see § 171.7 of this subchapter) or compartment is used as the outer packaging;
(3) No more than 1000 detonators in one outer packaging; and
(4) No material may be loaded on top of the IME Standard 22 container and no material may be loaded against the outside door of the IME Standard 22 compartment.
(g) Detonators that are classed as 1.4B or 1.4S and contain no more than 1 g of explosive (excluding ignition and delay charges) may be packed as follows in which case they are excepted from the packaging requirements of § 173.62:
(1) No more than 50 detonators in one inner packaging;
(2) IME Standard 22 container is used as the outer packaging;
(3) No more than 1000 detonators in one outer packaging; and
(4) Each inner packaging is marked “l.4B Detonators” or “1.4S Detonators”, as appropriate.
§ 173.64   Exceptions for Division 1.3 and 1.4 fireworks.
(a) Notwithstanding the requirements of § 173.56(b), Division 1.3 and 1.4 fireworks (see § 173.65 for Division 1.4G consumer fireworks) may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:
(1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A, 87-1B, and 87-1C (IBR, see § 171.7 of this subchapter);
(2) The device must pass a thermal stability test conducted by a third-party laboratory, or the manufacturer. The test must be performed by maintaining the device, or a representative prototype of a large device such as a display shell, at a temperature of 75 °C (167 °F) for 48 consecutive hours. When a device contains more than one component, those components that could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test;
(3) The manufacturer applies in writing to the Associate Administrator following the applicable requirements in APA 87-1A, 87-1B, and 87-1C and is notified in writing by the Associate Administrator that the fireworks have been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data and copies of all applicable drawings, test results, and any other pertinent information on each device for which approval is being requested. The manufacturer must sign the application and certify that the device for which approval is requested conforms to the appropriate APA Standard, that the descriptions and technical information contained in the application are complete and accurate, and with respect to APA 87-1A that no duplicate application has been submitted to a fireworks certification agency. If the application is denied, the manufacturer will be notified in writing of the reasons for the denial. The Associate Administrator may require that the fireworks be examined by an agency listed in § 173.56(b)(1) of this part.
(b) [Reserved]
§ 173.65   Exceptions for Division 1.4G consumer fireworks.
(a) Notwithstanding the requirements of §§ 173.56(b), 173.56(f), 173.56(i), and 173.64, Division 1.4G consumer fireworks may be offered for transportation provided the following conditions are met:
(1) The fireworks are manufactured in accordance with the applicable requirements in APA 87-1A (IBR, see § 171.7 of this subchapter);
(2) The device must pass a thermal stability test. The test must be performed by maintaining the device, or a representative prototype of the device, at a temperature of 75 °C (167  °F) for 48 consecutive hours. When a device contains more than one component, those components that could be in physical contact with each other in the finished device must be placed in contact with each other during the thermal stability test;
(3) The manufacturer of the Division 1.4G consumer firework applies in writing to a DOT-approved Fireworks Certification Agency, and is notified in writing by the DOT-approved Fireworks Certification Agency that the firework has been:
(i) Certified that it complies with APA 87-1A, and meets the requirements of this section; and
(ii) Assigned an FC number.
(4) The manufacturer's application must be complete and include:
(i) Detailed diagram of the device;
(ii) Complete list of the chemical compositions, formulations and quantities used in the device;
(iii) Results of the thermal stability test; and
(iv) Signed certification declaring that the device for which certification is requested conforms to the APA 87-1A, that the descriptions and technical information contained in the application are complete and accurate, and that no duplicate applications have been submitted to PHMSA. If the application is denied, the Fireworks Certification Agency must notify the manufacturer in writing of the reasons for the denial. As detailed in the DOT-approval issued to the Fireworks Certification Agency, following the issuance of a denial from a Fireworks Certification Agency, a manufacturer may seek reconsideration from the Fireworks Certification Agency, or may appeal the reconsideration decision of the Fireworks Certification Agency to the PHMSA Administrator.
(b) Recordkeeping requirements. Following the certification of each Division 1.4G consumer firework as permitted by paragraph (a) of this section, the manufacturer and importer must maintain a paper record or an electronic image of the certificate, demonstrating compliance with this section. Each record must clearly provide the unique identifier assigned to the firework device and the Fireworks Certification Agency that certified the device. The record must be accessible at or through its principal place of business and be made available, upon request, to an authorized official of a Federal, State, or local government agency at a reasonable time and location. Copies of certification records must be maintained by each importer, manufacturer, or a foreign manufacturer's U.S. agent, for five (5) years after the device is imported. The certification record must be made available to a representative of PHMSA upon request.
§ 173.66   Requirements for bulk packagings of certain explosives and oxidizers.
When § 172.101 of this subchapter specifies that a hazardous material may be transported in accordance with this section (per special provision 148 in § 172.102(c)(1)), only the bulk packagings specified for these materials in IME Standard 23 (IBR, see § 171.7 of this subchapter) are authorized, subject to the requirements of subparts A and B of this part and the special provisions in column 7 of the § 172.101 table. See Section I of IME Standard 23 for the standards for transporting a single bulk hazardous material for blasting by cargo tank motor vehicles (CTMV), and Section II of IME Standard 23 for the standards for CTMVs capable of transporting multiple hazardous materials for blasting in bulk and non-bulk packagings ( i.e., a multipurpose bulk truck (MBT) authorized to transport the Class 1 (explosive) materials, Division 5.1 (oxidizing) materials, Class 8 (corrosive) materials, and Combustible Liquid, n.o.s., NA1993, III, as specified in IME Standard 23 (also see § 177.835(d) of this subchapter)). In addition, the requirements in paragraph (a) of this section apply to: A new multipurpose bulk truck constructed after April 19, 2016; and a modified existing multipurpose bulk truck after April 19, 2016 (see § 173.66(b) regarding the term modified ).
(a) Federal Motor Vehicle Safety Standard (FMVSS). Multipurpose bulk trucks must be in compliance with the FMVSS found in 49 CFR part 571, as applicable. Furthermore, the multipurpose bulk truck manufacturer must maintain a certification record ensuring the final manufacturing is in compliance with the FMVSS, in accordance with the certification requirements found in 49 CFR part 567. These certification records must be made available to DOT representatives upon request.
(b) Modified. The term modified means any change to the original design and construction of a multipurpose bulk truck (MBT) that affects its structural integrity or lading retention capability, ( e.g. rechassising, etc.). Excluded from this category are the following:
(1) A change to the MBT equipment such as lights, truck or tractor power train components, steering and brake systems, and suspension parts, and changes to appurtenances, such as fender attachments, lighting brackets, ladder brackets; and
(2) Replacement of components such as valves, vents, and fittings with a component of a similar design and of the same size.
§ 173.67   Exceptions for Division 1.1 jet perforating guns.
(a) Notwithstanding the requirements of § 173.56(b), Division 1.1 jet perforating guns may be classed and approved by the Associate Administrator without prior examination and offered for transportation if the following conditions are met:
(1) The jet perforating guns are manufactured in accordance with the applicable requirements in AESC/IME JPG Standard (IBR, see § 171.7 of this subchapter);
(2) The jet perforating gun must be of a type described in the AESC/IME JPG Standard;
(3) The applicant applies in writing to the Associate Administrator following the applicable requirements in the AESC/IME JPG Standard, and is notified in writing by the Associate Administrator that the jet perforating gun has been classed, approved, and assigned an EX number. Each application must be complete and include all relevant background data, the applicable drawings, and any other pertinent information as described in the AESC/IME JPG Standard on each jet perforating gun for which approval is being requested. The manufacturer must sign the application and certify that the jet perforating gun for which approval is requested conforms to the AESC/IME JPG Standard and that the descriptions and technical information contained in the application are complete and accurate. If the application is denied, the applicant will be notified in writing of the reasons for the denial. The Associate Administrator may require that the jet perforating gun be examined as provided under § 173.56(b)(1).
(b) [Reserved]
§ 173.115   Class 2, Divisions 2.1, 2.2, and 2.3—Definitions.
(a) Division 2.1 (Flammable gas). For the purpose of this subchapter, a flammable gas (Division 2.1) means any material which is a gas at 20 °C (68 °F) or less and 101.3 kPa (14.7 psia) of pressure (a material which has a boiling point of 20 °C (68 °F) or less at 101.3 kPa (14.7 psia)) which—
(1) Is ignitable at 101.3 kPa (14.7 psia) when in a mixture of 13 percent or less by volume with air; or
(2) Has a flammable range at 101.3 kPa (14.7 psia) with air of at least 12 percent regardless of the lower limit. Except for aerosols, the limits specified in paragraphs (a)(1) and (a)(2) of this section shall be determined at 101.3 kPa (14.7 psia) of pressure and a temperature of 20 °C (68 °F) in accordance with the ASTM E681-85, Standard Test Method for Concentration Limits of Flammability of Chemicals or other equivalent method approved by the Associate Administrator. The flammability of aerosols is determined by the tests specified in paragraph (l) of this section.
(b) Division 2.2 ( non-flammable, nonpoisonous compressed gas—including compressed gas, liquefied gas, pressurized cryogenic gas, compressed gas in solution, asphyxiant gas and oxidizing gas ). For the purpose of this subchapter, a non-flammable, nonpoisonous compressed gas (Division 2.2) means any material (or mixture) which—
(1) Exerts in the packaging a gauge pressure of 200 kPa (29.0 psig/43.8 psia) or greater at 20 °C (68 °F), is a liquefied gas or is a cryogenic liquid, and
(2) Does not meet the definition of Division 2.1 or 2.3.
(c) Division 2.3 (Gas poisonous by inhalation). For the purpose of this subchapter, a gas poisonous by inhalation (Division 2.3) means a material which is a gas at 20 °C (68 °F) or less and a pressure of 101.3 kPa (14.7 psia) (a material which has a boiling point of 20 °C (68 °F) or less at 101.3 kPa (14.7 psia)) and which—
(1) Is known to be so toxic to humans as to pose a hazard to health during transportation, or
(2) In the absence of adequate data on human toxicity, is presumed to be toxic to humans because when tested on laboratory animals it has an LC 50 value of not more than 5000 mL/m 3 (see § 173.116(a) of this subpart for assignment of Hazard Zones A, B, C or D). LC 50 values for mixtures may be determined using the formula in § 173.133(b)(1)(i) or CGA P-20 (IBR, see § 171.7 of this subchapter).
(d) Non-liquefied compressed gas. A gas, which when packaged under pressure for transportation is entirely gaseous at −50 °C (−58 °F) with a critical temperature less than or equal to −50 °C (−58 °F), is considered to be a non-liquefied compressed gas.
(e) Liquefied compressed gas. A gas, which when packaged under pressure for transportation is partially liquid at temperatures above −50 °C (−58 °F), is considered to be a liquefied compressed gas. Gas mixtures with component(s) that are liquefied gases may be described using the hazardous materials description of a compressed gas in the Hazardous Materials Table in § 172.101 of this subchapter when the partial pressure(s) of the liquefied gas component(s) in the mixture are reduced so that the mixture is entirely in the gas phase at 20 °C (68 °F). A liquefied compressed gas is further categorized as follows:
(1) High pressure liquefied gas which is a gas with a critical temperature between −50 °C (−58 °F) and + 65 °C (149 °F), and
(2) Low pressure liquefied gas which is a gas with a critical temperature above + 65 °C (149 °F).
(f) Compressed gas in solution. A compressed gas in solution is a non-liquefied compressed gas which is dissolved in a solvent.
(g) Cryogenic liquid. A cryogenic liquid means a refrigerated liquefied gas having a boiling point colder than −90 °C (−130 °F) at 101.3 kPa (14.7 psia) absolute. A material meeting this definition is subject to requirements of this subchapter without regard to whether it meets the definition of a non-flammable, non-poisonous compressed gas in paragraph (b) of this section.
(h) Flammable range. The term flammable range means the difference between the minimum and maximum volume percentages of the material in air that forms a flammable mixture.
(i) Service pressure. The term service pressure means the authorized pressure marking on the packaging. For example, for a cylinder marked “DOT 3A1800”, the service pressure is 12410 kPa (1800 psig).
(j) Refrigerant gas or Dispersant gas. The terms Refrigerant gas and Dispersant gas apply to all nonpoisonous refrigerant gases; dispersant gases (fluorocarbons) listed in § 172.101 of this subchapter and §§ 173.304, 173.314(c), 173.315(a), and 173.315(h) and mixtures thereof; and any other compressed gas having a vapor pressure not exceeding 260 psia at 54 °C(130 °F), used only as a refrigerant, dispersant, or blowing agent.
(k) For Division 2.2 gases, the oxidizing ability shall be determined by tests or by calculation in accordance with ISO 10156:2017(E) (IBR, see § 171.7 of this subchapter).
(l) The following applies to aerosols (see § 171.8 of this subchapter):
(1) An aerosol must be assigned to Division 2.1 if the contents include 85% by mass or more flammable components and the chemical heat of combustion is 30 kJ/g or more;
(2) An aerosol must be assigned to Division 2.2 if the contents contain 1% by mass or less flammable components and the heat of combustion is less than 20 kJ/g.
(3) Aerosols not meeting the provisions of paragraphs (l)(1) or (1)(2) of this section must be classed in accordance with the appropriate tests of the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter). An aerosol which was tested in accordance with the requirements of this subchapter in effect on December 31, 2005, is not required to be retested.
(4) Division 2.3 gases may not be transported in an aerosol container.
(5) When the contents are classified as Division 6.1, PG III or Class 8, PG II or III, the aerosol must be assigned a subsidiary hazard of Division 6.1 or Class 8, as appropriate.
(6) Substances of Division 6.1, PG I or II, and substances of Class 8, PG I are forbidden from transportation in an aerosol container.
(7) Flammable components are Class 3 flammable liquids, Division 4.1 flammable solids, or Division 2.1 flammable gases. The chemical heat of combustion must be determined in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter).
(m) Adsorbed gas. A gas which when packaged for transport is adsorbed onto a solid porous material resulting in an internal receptacle pressure of less than 101.3 kPa at 20 °C and less than 300 kPa at 50 °C.
§ 173.116   Class 2—Assignment of hazard zone.
(a) The hazard zone of a Class 2, Division 2.3 material is assigned in column 7 of the § 172.101 table. There are no hazard zones for Divisions 2.1 and 2.2. When the § 172.101 table provides more than one hazard zone for a Division 2.3 material, or indicates that the hazard zone be determined on the basis of the grouping criteria for Division 2.3, the hazard zone shall be determined by applying the following criteria:
(b) The criteria specified in paragraph (a) of this section are represented graphically in § 173.133, Figure 1.
§§ 173.117-173.119   [Reserved]
§ 173.120   Class 3—Definitions.
(a) Flammable liquid. For the purpose of this subchapter, a flammable liquid (Class 3) means a liquid having a flash point of not more than 60 °C (140 °F), or any material in a liquid phase with a flash point at or above 37.8 °C (100 °F) that is intentionally heated and offered for transportation or transported at or above its flash point in a bulk packaging, with the following exceptions:
(1) Any liquid meeting one of the definitions specified in § 173.115.
(2) Any mixture having one or more components with a flash point of 60 °C (140 °F) or higher, that make up at least 99 percent of the total volume of the mixture, if the mixture is not offered for transportation or transported at or above its flash point.
(3) Any liquid with a flash point greater than 35 °C (95 °F) that does not sustain combustion according to ASTM D 4206 (IBR, see § 171.7 of this subchapter) or the procedure in appendix H of this part.
(4) Any liquid with a flash point greater than 35 °C (95 °F) and with a fire point greater than 100 °C (212 °F) according to ISO 2592 (IBR, see § 171.7 of this subchapter).
(5) Any liquid with a flash point greater than 35 °C (95 °F) which is in a water-miscible solution with a water content of more than 90 percent by mass.
(b) Combustible liquid. (1) For the purpose of this subchapter, a combustible liquid means any liquid that does not meet the definition of any other hazard class specified in this subchapter and has a flash point above 60 °C (140 °F) and below 93 °C (200 °F).
(2) A flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable. An elevated temperature material that meets the definition of a Class 3 material because it is intentionally heated and offered for transportation or transported at or above its flash point may not be reclassed as a combustible liquid.
(3) A combustible liquid that does not sustain combustion is not subject to the requirements of this subchapter as a combustible liquid. Either the test method specified in ASTM D 4206 or the procedure in appendix H of this part may be used to determine if a material sustains combustion when heated under test conditions and exposed to an external source of flame.
(c) Flash point. (1) Flash point means the minimum temperature at which a liquid gives off vapor within a test vessel in sufficient concentration to form an ignitable mixture with air near the surface of the liquid. It shall be determined as follows:
(i) For a homogeneous, single-phase, liquid having a viscosity less than 45 S.U.S. at 38 °C (100 °F) that does not form a surface film while under test, one of the following test procedures shall be used:
(A) Standard Method of Test for Flash Point by Tag Closed Cup Tester, (ASTM D 56) (IBR; see § 171.7 of this subchapter);
(B) Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus, (ASTM D 3278) (IBR; see § 171.7 of this subchapter); or
(C) Standard Test Methods for Flash Point by Small Scale Closed Tester, (ASTM D 3828) (IBR; see § 171.7 of this subchapter).
(ii) For a liquid other than one meeting all the criteria of paragraph (c)(1)(i) of this section, one of the following test procedures must be used:
(A) Standard Test Methods for Flash Point by Pensky-Martens Closed Cup Tester, (ASTM D 93) (IBR; see § 171.7 of this subchapter). For cutback asphalt, use Method B of ASTM D 93 or alternative tests authorized in this standard;
(B) Standard Test Methods for Flash Point of Liquids by Small Scale Closed-Cup Apparatus (ASTM D 3278) (IBR; see § 171.7 of this subchapter);
(C) Determination of Flash/No Flash—Closed Cup Equilibrium Method (ISO 1516) (IBR; see § 171.7 of this subchapter);
(D) Determination of Flash point—Closed Cup Equilibrium Method (ISO 1523) (IBR; see § 171.7 of this subchapter);
(E) Determination of Flash Point—Pensky-Martens Closed Cup Method (ISO 2719) (IBR; see § 171.7 of this subchapter);
(F) Determination of Flash Point—Rapid Equilibrium Closed Cup Method (ISO 3679) (IBR; see § 171.7 of this subchapter);
(G) Determination of Flash/No Flash—Rapid Equilibrium Closed Cup Method (ISO 3680) (IBR; see § 171.7 of this subchapter); or
(H) Determination of Flash Point—Abel Closed-Cup Method (ISO 13736) (IBR; see § 171.7 of this subchapter).
(2) For a liquid that is a mixture of compounds that have different volatility and flash points, its flash point shall be determined as specified in paragraph (c)(1) of this section, on the material in the form in which it is to be shipped. If it is determined by this test that the flash point is higher than −7 °C (20 °F) a second test shall be made as follows: a portion of the mixture shall be placed in an open beaker (or similar container) of such dimensions that the height of the liquid can be adjusted so that the ratio of the volume of the liquid to the exposed surface area is 6 to one. The liquid shall be allowed to evaporate under ambient pressure and temperature (20 to 25 °C (68 to 77 °F)) for a period of 4 hours or until 10 percent by volume has evaporated, whichever comes first. A flash point is then run on a portion of the liquid remaining in the evaporation container and the lower of the two flash points shall be the flash point of the material.
(3) For flash point determinations by Setaflash closed tester, the glass syringe specified need not be used as the method of measurement of the test sample if a minimum quantity of 2 mL (0.1 ounce) is assured in the test cup.
(d) If experience or other data indicate that the hazard of a material is greater or less than indicated by the criteria specified in paragraphs (a) and (b) of this section, the Associate Administrator may revise the classification or make the material subject or not subject to the requirements of parts 171 through 185 of this subchapter.
(e) Transitional provisions. The Class 3 classification criteria in effect on December 31, 2006, may continue to be used until January 1, 2012.
§ 173.121   Class 3—Assignment of packing group.
(a)(1) The packing group of a Class 3 material is as assigned in column 5 of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group must be determined by applying the following criteria:
(2) The initial boiling point of a Class 3 material may be determined by using one of the following test methods:
(i) Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure (ASTM D 86) (IBR; see § 171.7 of this subchapter);
(ii) Standard Test Method for Distillation Range of Volatile Organic Liquids (ASTM D 1078) (IBR; see § 171.7 of this subchapter);
(iii) Petroleum Products—Determination of Distillation Characteristics at Atmospheric Pressure (ISO 3405) (IBR; see § 171.7 of this subchapter);
(iv) Petroleum Products—Determination of Boiling Range Distribution—Gas Chromatography Method (ISO 3924) (IBR; see § 171.7 of this subchapter);
(v) Volatile Organic Liquids—Determination of Boiling Range of Organic Solvents Used as Raw Materials (ISO 4626) (IBR; see § 171.7 of this subchapter); or
(vi) Petroleum products containing known flammable gases—Standard Test Method for Determination of Light Hydrocarbons in Stabilized Crude Oils by Gas Chromatography (ASTM D7900) (IBR; see § 171.7 of this subchapter) where the initial boiling point is the temperature at which 0.5 weight percent is eluted when determining the boiling range distribution.
(b) Criteria for inclusion of viscous Class 3 materials in Packing Group III. (1) Viscous Class 3 materials in Packing Group II with a flash point of less than 23 °C (73 °F) may be grouped in Packing Group III provided that—
(i) Less than 3 percent of the clear solvent layer separates in the solvent separation test;
(ii) The mixture or any separated solvent does not contain any substances with a primary or a subsidiary risk of Division 6.1 or Class 8;
(iii) The capacity of the packaging is not more than 450 L (119 gallons); except that for transportation by passenger aircraft, the capacity of the packaging is not more than 30 L (7.9 gallons) and for transportation by cargo aircraft, the capacity of the packaging is not more than 100 L (26.3 gallons); and
(iv) The viscosity 1 and flash point are in accordance with the following table:
1 Viscosity determination: Where the substance concerned is non-Newtonian, or where a flow-cup method of viscosity determination is otherwise unsuitable, a variable shear-rate viscometer shall be used to determine the dynamic viscosity coefficient of the substance, at 23 °C (73.4 °F), at a number of shear rates. The values obtained are plotted against shear rate and then extrapolated to zero shear rate. The dynamic viscosity thus obtained, divided by the density, gives the apparent kinematic viscosity at near-zero shear rate.
(2) The methods by which the tests referred to in paragraph (b)(1) of this section shall be performed are as follows:
(i) Viscosity test. The flow time in seconds is determined at 23 °C (73.4 °F) using the ISO standard cup with a 4 mm (0.16 inch) jet as set forth in ISO 2431 (IBR, see § 171.7 of this subchapter). Where the flow time exceeds 100 seconds, a further test is carried out using the ISO standard cup with a 6 mm (0.24 inch) jet.
(ii) Solvent Separation Test. This test is carried out at 23 °C (73 °F) using a 100.0 mL(3 ounces) measuring cylinder of the stoppered type of approximately 25.0 cm (9.8 inches) total height and of a uniform internal diameter of approximately 30 mm (1.2 inches) over the calibrated section. The sample should be stirred to obtain a uniform consistency, and poured in up to the 100 mL (3 ounces) mark. The stopper should be inserted and the cylinder left standing undisturbed for 24 hours. After 24 hours, the height of the upper separated layer should be measured and the percentage of this layer as compared with the total height of the sample calculated.
§ 173.124   Class 4, Divisions 4.1, 4.2 and 4.3—Definitions.
(a) Division 4.1 (Flammable Solid). For the purposes of this subchapter, flammable solid (Division 4.1) means any of the following four types of materials:
(1) Desensitized explosives that—
(i) When dry are Explosives of Class 1 other than those of compatibility group A, which are wetted with sufficient water, alcohol, or plasticizer to suppress explosive properties; and
(ii) Are specifically authorized by name either in the Hazardous Materials Table in § 172.101 of this subchapter or have been assigned a shipping name and hazard class by the Associate Administrator under the provisions of—
(A) A special permit issued under subchapter A of this chapter; or
(B) An approval issued under § 173.56(i).
(2)(i) Self-reactive materials that are thermally unstable and can undergo an exothermic decomposition even without participation of oxygen (air). A material is excluded from this definition if any of the following applies:
(A) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive;
(B) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21;
(C) The material meets the definition of an oxidizer or organic peroxide as prescribed in this subpart, in which case it must be so classed;
(D) The material meets one of the following conditions:
( 1 ) Its heat of decomposition is less than 300 J/g; or
( 2 ) Its self-accelerating decomposition temperature (SADT) is greater than 75 °C (167 °F) for a 50 kg package; or
( 3 ) It is an oxidizing substance in Division 5.1 containing less than 5.0% combustible organic substances; or
(E) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 4.1 material.
(ii) Generic types. Division 4.1 self-reactive materials are assigned to a generic system consisting of seven types. A self-reactive substance identified by technical name in the Self-Reactive Materials Table in § 173.224 is assigned to a generic type in accordance with that table. Self-reactive materials not identified in the Self-Reactive Materials Table in § 173.224 are assigned to generic types under the procedures of paragraph (a)(2)(iii) of this section.
(A) Type A. Self-reactive material type A is a self-reactive material which, as packaged for transportation, can detonate or deflagrate rapidly. Transportation of type A self-reactive material is forbidden.
(B) Type B. Self-reactive material type B is a self-reactive material which, as packaged for transportation, neither detonates nor deflagrates rapidly, but is liable to undergo a thermal explosion in a package.
(C) Type C. Self-reactive material type C is a self-reactive material which, as packaged for transportation, neither detonates nor deflagrates rapidly and cannot undergo a thermal explosion.
(D) Type D. Self-reactive material type D is a self-reactive material which—
( 1 ) Detonates partially, does not deflagrate rapidly and shows no violent effect when heated under confinement;
( 2 ) Does not detonate at all, deflagrates slowly and shows no violent effect when heated under confinement; or
( 3 ) Does not detonate or deflagrate at all and shows a medium effect when heated under confinement.
(E) Type E. Self-reactive material type E is a self-reactive material which, in laboratory testing, neither detonates nor deflagrates at all and shows only a low or no effect when heated under confinement.
(F) Type F. Self-reactive material type F is a self-reactive material which, in laboratory testing, neither detonates in the cavitated state nor deflagrates at all and shows only a low or no effect when heated under confinement as well as low or no explosive power.
(G) Type G. Self-reactive material type G is a self-reactive material which, in laboratory testing, does not detonate in the cavitated state, will not deflagrate at all, shows no effect when heated under confinement, nor shows any explosive power. A type G self-reactive material is not subject to the requirements of this subchapter for self-reactive material of Division 4.1 provided that it is thermally stable (self-accelerating decomposition temperature is 50 °C (122 °F) or higher for a 50 kg (110 pounds) package). A self-reactive material meeting all characteristics of type G except thermal stability is classed as a type F self-reactive, temperature control material.
(iii) Procedures for assigning a self-reactive material to a generic type. A self-reactive material must be assigned to a generic type based on—
(A) Its physical state ( i.e. liquid or solid), in accordance with the definition of liquid and solid in § 171.8 of this subchapter;
(B) A determination as to its control temperature and emergency temperature, if any, under the provisions of § 173.21(f);
(C) Performance of the self-reactive material under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) and the provisions of paragraph (a)(2)(iii) of this section; and
(D) Except for a self-reactive material which is identified by technical name in the Self-Reactive Materials Table in § 173.224(b) or a self-reactive material which may be shipped as a sample under the provisions of § 173.224, the self-reactive material is approved in writing by the Associate Administrator. The person requesting approval shall submit to the Associate Administrator the tentative shipping description and generic type and—
( 1 ) All relevant data concerning physical state, temperature controls, and tests results; or
( 2 ) An approval issued for the self-reactive material by the competent authority of a foreign government.
(iv) Tests. The generic type for a self-reactive material must be determined using the testing protocol from Figure 20.1 (a) and (b) (Flow Chart Scheme for Self-Reactive Substances and Organic Peroxides) from the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter).
(3) Readily combustible solids are materials that—
(i) Are solids which may cause a fire through friction, such as matches;
(ii) Show a burning rate faster than 2.2 mm (0.087 inches) per second when tested in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter); or
(iii) Any metal powders that can be ignited and react over the whole length of a sample in 10 minutes or less, when tested in accordance with the UN Manual of Tests and Criteria.
(4) Polymerizing materials are materials which, without stabilization, are liable to undergo an exothermic reaction resulting in the formation of larger molecules or resulting in the formation of polymers under conditions normally encountered in transport. Such materials are considered to be polymerizing substances of Division 4.1 when:
(i) Their self-accelerating polymerization temperature (SAPT) is 75 °C (167 °F) or less under the conditions (with or without chemical stabilization) as offered for transport in the packaging, IBC or portable tank in which the material or mixture is to be transported. An appropriate IBC or portable tank for a polymerizing material must be determined using the heating under confinement testing protocol from boxes 7, 8, 9, and 13 of Figure 20.1 (a) and (b) (Flow Chart Scheme for Self-Reactive Substances and Organic Peroxides) from the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) by successfully passing the UN Test Series E at the “None” or “Low” level, or by an equivalent test method with the approval of the Associate Administrator;
(ii) They exhibit a heat of reaction of more than 300 J/g; and
(iii) Do not meet the definition of hazard classes 1-8 (including combustible liquids).
(b) Division 4.2 (Spontaneously Combustible Material). For the purposes of this subchapter, spontaneously combustible material (Division 4.2) means—
(1) A pyrophoric material. A pyrophoric material is a liquid or solid that, even in small quantities and without an external ignition source, can ignite within five (5) minutes after coming in contact with air when tested according to UN Manual of Tests and Criteria.
(2) Self-heating material. A self-heating material is a material that through a process where the gradual reaction of that substance with oxygen (in air) generates heat. If the rate of heat production exceeds the rate of heat loss, then the temperature of the substance will rise which, after an induction time, may lead to self-ignition and combustion. A material of this type which exhibits spontaneous ignition or if the temperature of the sample exceeds 200 °C (392 °F) during the 24-hour test period when tested in accordance with UN Manual of Tests and Criteria (IBR; see § 171.7 of this subchapter), is classed as a Division 4.2 material.
(c) Division 4.3 (Dangerous when wet material). For the purposes of this chapter, dangerous when wet material (Division 4.3) means a material that, by contact with water, is liable to become spontaneously flammable or to give off flammable or toxic gas at a rate greater than 1 L per kilogram of the material, per hour, when tested in accordance with UN Manual of Tests and Criteria.
§ 173.125   Class 4—Assignment of packing group.
(a) The packing group of a Class 4 material is assigned in column (5) of the § 172.101 Table. When the § 172.101 Table provides more than one packing group for a hazardous material, the packing group shall be determined on the basis of test results following test methods given in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) and by applying the appropriate criteria given in this section.
(b) Packing group criteria for readily combustible materials of Division 4.1 are as follows:
(1) Powdered, granular or pasty materials must be classified in Division 4.1 when the time of burning of one or more of the test runs, in accordance with the UN Manual of Tests and Criteria, is less than 45 seconds or the rate of burning is more than 2.2 mm/s. Powders of metals or metal alloys must be classified in Division 4.1 when they can be ignited and the reaction spreads over the whole length of the sample in 10 minutes or less.
(2) Packing group criteria for readily combustible materials of Division 4.1 are assigned as follows:
(i) For readily combustible solids (other than metal powders), Packing Group II if the burning time is less than 45 seconds and the flame passes the wetted zone. Packing Group II must be assigned to powders of metal or metal alloys if the zone of reaction spreads over the whole length of the sample in 5 minutes or less.
(ii) For readily combustible solids (other than metal powders), Packing Group III must be assigned if the burning rate time is less than 45 seconds and the wetted zone stops the flame propagation for at least 4 minutes. Packing Group III must be assigned to metal powders if the reaction spreads over the whole length of the sample in more than 5 minutes but not more than 10 minutes.
(c) Packing group criteria for Division 4.2 materials is as follows:
(1) Pyrophoric liquids and solids of Division 4.2 are assigned to Packing Group I.
(2) A self-heating material is assigned to—
(i) Packing Group II, if the material gives a positive test result when tested with a 25 mm cube size sample at 140 °C; or
(ii) Packing Group III, if—
(A) A positive test result is obtained in a test using a 100 mm sample cube at 140 °C and a negative test result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 3 cubic meters; or
(B) A positive test result is obtained in a test using a 100 mm sample cube at 120 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of more than 450 L; or
(C) A positive result is obtained in a test using a 100 mm sample cube at 100 °C and a negative result is obtained in a test using a 25 mm sample cube at 140 °C and the substance is transported in packagings with a volume of less than 450 L.
(d) A Division 4.3 dangerous when wet material is assigned to—
(1) Packing Group I, if the material reacts vigorously with water at ambient temperatures and demonstrates a tendency for the gas produced to ignite spontaneously, or which reacts readily with water at ambient temperatures such that the rate of evolution of flammable gases is equal or greater than 10 L per kilogram of material over any one minute;
(2) Packing Group II, if the material reacts readily with water at ambient temperatures such that the maximum rate of evolution of flammable gases is equal to or greater than 20 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I; or
(3) Packing Group III, if the material reacts slowly with water at ambient temperatures such that the maximum rate of evolution of flammable gases is greater than 1 L per kilogram of material per hour, and which does not meet the criteria for Packing Group I or II.
§ 173.127   Class 5, Division 5.1—Definition and assignment of packing groups.
(a) Definition. For the purpose of this subchapter, oxidizer (Division 5.1) means a material that may, generally by yielding oxygen, cause or enhance the combustion of other materials.
(1) A solid material, except for solid ammonium nitrate based fertilizer (see paragraph (a)(3) of this section), is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter):
(i) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than or equal to the burning time of a 3:7 potassium bromate/cellulose mixture; or
(ii) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than or equal to the burning rate of a 1:2 calcium peroxide/cellulose mixture.
(2) A liquid material is classed as a Division 5.1 material if, when tested in accordance with the UN Manual of Tests and Criteria, it spontaneously ignites or its mean time for a pressure rise from 690 kPa to 2070 kPa gauge is less then the time of a 1:1 nitric acid (65 percent)/cellulose mixture.
(3) Solid ammonium nitrate-based fertilizers must be classified in accordance with the procedure as set out in the UN Manual of Tests and Criteria, Part III, Section 39.
(b) Assignment of packing groups. (1) The packing group of a Division 5.1 material which is a solid shall be assigned using the following criteria:
(i) Packing Group I, for any material which, in either concentration tested:
(A) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than the mean burning time of a 3:2 potassium bromate/cellulose mixture; or
(B) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than the mean burning rate of a 3:1 calcium peroxide/cellulose mixture.
(ii) Packing Group II, for any material which, in either concentration tested:
(A) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than the mean burning time of a 2:3 potassium bromate/cellulose mixture and the criteria for Packing Group I are not met; or
(B) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than the mean burning rate of a 1:1 calcium peroxide/cellulose mixture and the criteria for Packing Group I are not met.
(iii) Packing Group III for any material which, in either concentration tested:
(A) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the mean burning time is less than the mean burning time of a 3:7 potassium bromate/cellulose mixture and the criteria for Packing Groups I and II are not met; or
(B) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the mean burning rate is greater than the mean burning rate of a 1:2 calcium peroxide/cellulose mixture and the criteria for Packing Groups I and II are not met.
(iv) The materials is not classified as a Division 5.1 material if, in either concentration tested:
(A) If test O.1 is used (UN Manual of Tests and Criteria, sub-section 34.4.1), the sample tested does not ignite and exhibit burn, or exhibits a mean burning time of greater than or equal to the mean burning time of a 3:7 potassium bromate/cellulose mixture.
(B) If test O.3 is used (UN Manual of Tests and Criteria, sub-section 34.4.3), the sample tested does not ignite and exhibit burn, or exhibits a mean burning rate less than or equal to the mean burning rate of a 1:2 calcium peroxide/cellulose mixture.
(2) The packing group of a Division 5.1 material which is a liquid shall be assigned using the following criteria:
(i) Packing Group I for:
(A) Any material which spontaneously ignites when mixed with cellulose in a 1:1 ratio; or
(B) Any material which exhibits a mean pressure rise time less than the pressure rise time of a 1:1 perchloric acid (50 percent)/cellulose mixture.
(ii) Packing Group II, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 aqueous sodium chlorate solution (40 percent)/cellulose mixture and the criteria for Packing Group I are not met.
(iii) Packing Group III, any material which exhibits a mean pressure rise time less than or equal to the pressure rise time of a 1:1 nitric acid (65 percent)/cellulose mixture and the criteria for Packing Group I and II are not met.
§ 173.128   Class 5, Division 5.2—Definitions and types.
(a) Definitions. For the purposes of this subchapter, organic peroxide (Division 5.2) means any organic compound containing oxygen (O) in the bivalent -O-O- structure and which may be considered a derivative of hydrogen peroxide, where one or more of the hydrogen atoms have been replaced by organic radicals, unless any of the following paragraphs applies:
(1) The material meets the definition of an explosive as prescribed in subpart C of this part, in which case it must be classed as an explosive;
(2) The material is forbidden from being offered for transportation according to § 172.101 of this subchapter or § 173.21;
(3) The Associate Administrator has determined that the material does not present a hazard which is associated with a Division 5.2 material; or
(4) The material meets one of the following conditions:
(i) For materials containing no more than 1.0 percent hydrogen peroxide, the available oxygen, as calculated using the equation in paragraph (a)(4)(ii) of this section, is not more than 1.0 percent, or
(ii) For materials containing more than 1.0 percent but not more than 7.0 percent hydrogen peroxide, the available oxygen, content (O a ) is not more than 0.5 percent, when determined using the equation:
(b) Generic types. Division 5.2 organic peroxides are assigned to a generic system which consists of seven types. An organic peroxide identified by technical name in the Organic Peroxides Table in § 173.225 is assigned to a generic type in accordance with that table. Organic peroxides not identified in the Organic Peroxides table are assigned to generic types under the procedures of paragraph (c) of this section.
(1) Type A. Organic peroxide type A is an organic peroxide which can detonate or deflagrate rapidly as packaged for transport. Transportation of type A organic peroxides is forbidden.
(2) Type B. Organic peroxide type B is an organic peroxide which, as packaged for transport, neither detonates nor deflagrates rapidly, but can undergo a thermal explosion.
(3) Type C. Organic peroxide type C is an organic peroxide which, as packaged for transport, neither detonates nor deflagrates rapidly and cannot undergo a thermal explosion.
(4) Type D. Organic peroxide type D is an organic peroxide which—
(i) Detonates only partially, but does not deflagrate rapidly and is not affected by heat when confined;
(ii) Does not detonate, deflagrates slowly, and shows no violent effect if heated when confined; or
(iii) Does not detonate or deflagrate, and shows a medium effect when heated under confinement.
(5) Type E. Organic peroxide type E is an organic peroxide which neither detonates nor deflagrates and shows low, or no, effect when heated under confinement.
(6) Type F. Organic peroxide type F is an organic peroxide which will not detonate in a cavitated state, does not deflagrate, shows only a low, or no, effect if heated when confined, and has low, or no, explosive power.
(7) Type G. Organic peroxide type G is an organic peroxide which will not detonate in a cavitated state, will not deflagrate at all, shows no effect when heated under confinement, and shows no explosive power. A type G organic peroxide is not subject to the requirements of this subchapter for organic peroxides of Division 5.2 provided that it is thermally stable (self-accelerating decomposition temperature is 50 °C (122 °F) or higher for a 50 kg (110 pounds) package). An organic peroxide meeting all characteristics of type G except thermal stability and requiring temperature control is classed as a type F, temperature control organic peroxide.
(c) Procedure for assigning an organic peroxide to a generic type. An organic peroxide shall be assigned to a generic type based on—
(1) Its physical state (i.e., liquid or solid), in accordance with the definitions for liquid and solid in § 171.8 of this subchapter;
(2) A determination as to its control temperature and emergency temperature, if any, under the provisions of § 173.21(f); and
(3) Performance of the organic peroxide under the test procedures specified in the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter), and the provisions of paragraph (d) of this section.
(d) Approvals. (1) An organic peroxide must be approved, in writing, by the Associate Administrator, before being offered for transportation or transported, including assignment of a generic type and shipping description, except for—
(i) An organic peroxide which is identified by technical name in the Organic Peroxides Table in § 173.225(c);
(ii) A mixture of organic peroxides prepared according to § 173.225(b); or
(iii) An organic peroxide which may be shipped as a sample under the provisions of § 173.225(b).
(2) A person applying for an approval must submit all relevant data concerning physical state, temperature controls, and tests results or an approval issued for the organic peroxide by the competent authority of a foreign government.
(e) Tests. The generic type for an organic peroxide shall be determined using the testing protocol from Figure 20.1(a) (Classification and Flow Chart Scheme for Organic Peroxides) from the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter).
§ 173.129   [Reserved]
§ 173.132   Class 6, Division 6.1—Definitions.
(a) For the purpose of this subchapter, poisonous material (Division 6.1) means a material, other than a gas, which is known to be so toxic to humans as to afford a hazard to health during transportation, or which, in the absence of adequate data on human toxicity:
(1) Is presumed to be toxic to humans because it falls within any one of the following categories when tested on laboratory animals (whenever possible, animal test data that has been reported in the chemical literature should be used):
(i) Oral Toxicity. A liquid or solid with an LD 50 for acute oral toxicity of not more than 300 mg/kg.
(ii) Dermal Toxicity. A material with an LD 50 for acute dermal toxicity of not more than 1000 mg/kg.
(iii) Inhalation Toxicity. (A) A dust or mist with an LC 50 for acute toxicity on inhalation of not more than 4 mg/L; or
(B) A material with a saturated vapor concentration in air at 20 °C (68 °F) greater than or equal to one-fifth of the LC 50 for acute toxicity on inhalation of vapors and with an LC 50 for acute toxicity on inhalation of vapors of not more than 5000 mL/m 3 ; or
(2) Is an irritating material, with properties similar to tear gas, which causes extreme irritation, especially in confined spaces.
(b) For the purposes of this subchapter—
(1) LD 50 (median lethal dose) for acute oral toxicity is the statistically derived single dose of a substance that can be expected to cause death within 14 days in 50% of young adult albino rats when administered by the oral route. The LD 50 value is expressed in terms of mass of test substance per mass of test animal (mg/kg).
(2) LD 50 for acute dermal toxicity means that dose of the material which, administered by continuous contact for 24 hours with the shaved intact skin (avoiding abrading) of an albino rabbit, causes death within 14 days in half of the animals tested. The number of animals tested must be sufficient to give statistically valid results and be in conformity with good pharmacological practices. The result is expressed in mg/kg body mass.
(3) LC 50 for acute toxicity on inhalation means that concentration of vapor, mist, or dust which, administered by continuous inhalation for one hour to both male and female young adult albino rats, causes death within 14 days in half of the animals tested. If the material is administered to the animals as a dust or mist, more than 90 percent of the particles available for inhalation in the test must have a diameter of 10 microns or less if it is reasonably foreseeable that such concentrations could be encountered by a human during transport. The result is expressed in mg/L of air for dusts and mists or in mL/m 3 of air (parts per million) for vapors. See § 173.133(b) for LC 50 determination for mixtures and for limit tests.
(i) When provisions of this subchapter require the use of the LC 50 for acute toxicity on inhalation of dusts and mists based on a one-hour exposure and such data is not available, the LC 50 for acute toxicity on inhalation based on a four-hour exposure may be multiplied by four and the product substituted for the one-hour LC 50 for acute toxicity on inhalation.
(ii) When the provisions of this subchapter require the use of the LC 50 for acute toxicity on inhalation of vapors based on a one-hour exposure and such data is not available, the LC 50 for acute toxicity on inhalation based on a four-hour exposure may be multiplied by two and the product substituted for the one-hour LC 50 for acute toxicity on inhalation.
(iii) A solid substance should be tested if at least 10 percent of its total mass is likely to be dust in a respirable range, e.g. the aerodynamic diameter of that particle-fraction is 10 microns or less. A liquid substance should be tested if a mist is likely to be generated in a leakage of the transport containment. In carrying out the test both for solid and liquid substances, more than 90% (by mass) of a specimen prepared for inhalation toxicity testing must be in the respirable range as defined in this paragraph (b)(3)(iii).
(c) For purposes of classifying and assigning packing groups to mixtures possessing oral or dermal toxicity hazards according to the criteria in § 173.133(a)(1), it is necessary to determine the acute LD 50 of the mixture. If a mixture contains more than one active constituent, one of the following methods may be used to determine the oral or dermal LD 50 of the mixture:
(1) Obtain reliable acute oral and dermal toxicity data on the actual mixture to be transported;
(2) If reliable, accurate data is not available, classify the formulation according to the most hazardous constituent of the mixture as if that constituent were present in the same concentration as the total concentration of all active constituents; or
(3) If reliable, accurate data is not available, apply the formula:
This formula also may be used for dermal toxicities provided that this information is available on the same species for all constituents. The use of this formula does not take into account any potentiation or protective phenomena.
(d) The foregoing categories shall not apply if the Associate Administrator has determined that the physical characteristics of the material or its probable hazards to humans as shown by documented experience indicate that the material will not cause serious sickness or death.
§ 173.133   Assignment of packing group and hazard zones for Division 6.1 materials.
(a) The packing group of Division 6.1 materials shall be as assigned in column 5 of the § 172.101 table. When the § 172.101 table provides more than one packing group or hazard zone for a hazardous material, the packing group and hazard zone shall be determined by applying the following criteria:
(1) The packing group assignment for routes of administration other than inhalation of vapors shall be in accordance with the following table:
(2)(i) The packing group and hazard zone assignments for liquids (see § 173.115(c) of this subpart for gases) based on inhalation of vapors shall be in accordance with the following table:
Note 1: V is the saturated vapor concentration in air of the material in mL/m 3 at 20 °C and standard atmospheric pressure.
Note 2: A liquid in Division 6.1 meeting criteria for Packing Group I, Hazard Zones A or B stated in paragraph (a)(2) of this section is a material poisonous by inhalation subject to the additional hazard communication requirements in §§ 172.203(m), 172.313 and table 1 of § 172.504(e) of this subchapter.
(ii) These criteria are represented graphically in Figure 1:
(3) When the packing group determined by applying these criteria is different for two or more (oral, dermal or inhalation) routes of administration, the packing group assigned to the material shall be that indicated for the highest degree of toxicity for any of the routes of administration.
(4) Notwithstanding the provisions of this paragraph, the packing group and hazard zone of a tear gas substance is as assigned in column 5 of the § 172.101 table.
(b) The packing group and hazard zone for Division 6.1 mixtures that are poisonous (toxic) by inhalation may be determined by one of the following methods:
(1) Where LC 50 data is available on each of the poisonous (toxic) substances comprising the mixture—
(i) The LC 50 of the mixture is estimated using the formula:
(ii) The volatility of each component substance is estimated using the formula:
(iii) The ratio of the volatility to the LC 50 is calculated using the formula:
(iv) Using the calculated values LC 50 (mixture) and R, the packing group for the mixture is determined as follows:
(2) In the absence of LC 50 data on the poisonous (toxic) constituent substances, the mixture may be assigned a packing group and hazard zone based on the following simplified threshold toxicity tests. When these threshold tests are used, the most restrictive packing group and hazard zone must be determined and used for the transportation of the mixture.
(i) A mixture is assigned to Packing Group I, Hazard Zone A only if both the following criteria are met:
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 200 mL/m 3 vaporized mixture in air. Ten albino rats (five male and five female) are exposed to the test atmosphere as determined by an analytical method appropriate for the material being classified for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have an LC 50 equal to or less than 200 mL/m 3 .
(B) A sample of the vapor in equilibrium with the liquid mixture is diluted with 499 equal volumes of air to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than 500 times the mixture LC 50 .
(ii) A mixture is assigned to Packing Group I, Hazard Zone B only if both the following criteria are met, and the mixture does not meet the criteria for Packing Group I, Hazard Zone A:
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 1000 mL/m 3 vaporized mixture in air. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have an LC 50 equal to or less than 1000 mL/m 3 .
(B) A sample of the vapor in equilibrium with the liquid mixture is diluted with 9 equal volumes of air to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than 10 times the mixture LC 50 .
(iii) A mixture is assigned to Packing Group II only if both the following criteria are met, and the mixture does not meet the criteria for Packing Group I (Hazard Zones A or B):
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 3000 mL/m 3 vaporized mixture in air. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have an LC 50 equal to or less than 3000 mL/m 3 .
(B) A sample of the vapor in equilibrium with the liquid mixture is used to form a test atmosphere. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have a volatility equal to or greater than the mixture LC 50 .
(iv) A mixture is assigned to Packing Group III only if both the following criteria are met, and the mixture does not meet the criteria for Packing Groups I (Hazard Zones A or B) or Packing Group II (Hazard Zone C):
(A) A sample of the liquid mixture is vaporized and diluted with air to create a test atmosphere of 5000 mL/m 3 vaporized mixture in air. Ten albino rats (five male and five female) are exposed to the test atmosphere for one hour and observed for fourteen days. If five or more of the animals die within the fourteen-day observation period, the mixture is presumed to have an LC 50 equal to or less than 5000 mL/m 3 .
(B) The vapor pressure of the liquid mixture is measured and if the vapor concentration is equal to or greater than 1000 mL/m 3 , the mixture is presumed to have a volatility equal to or greater than 1/5 the mixture LC 50 .
(c) Transitional provisions. The criteria for packing group assignments in effect on December 31, 2006, may continue to be used until January 1, 2012.
§ 173.134   Class 6, Division 6.2—Definitions and exceptions.
(a) Definitions and classification criteria. For the purposes of this subchapter, the following definitions and classification criteria apply to Division 6.2 materials.
(1) Division 6.2 (Infectious substance) means a material known or reasonably expected to contain a pathogen. A pathogen is a microorganism (including bacteria, viruses, parasites, and fungi) or other agent, such as a proteinaceous infectious particle (prion) that can cause disease in humans or animals. An infectious substance must be assigned the identification number UN2814, UN2900, UN3291, UN3373, or UN3549 as appropriate, and must be assigned to one of the following categories:
(i) Category A: An infectious substance in a form capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. An exposure occurs when an infectious substance is released outside of its protective packaging, resulting in physical contact with humans or animals. A Category A infectious substance must be assigned to identification number UN2814, UN2900, or UN3549, as appropriate. Assignment to UN2814, UN2900, or UN3549 must be based on the known medical history or symptoms of the source patient or animal, endemic local conditions, or professional judgment concerning the individual circumstances of the source human or animal.
(ii) Category B: An infectious substance that is not in a form generally capable of causing permanent disability or life-threatening or fatal disease in otherwise healthy humans or animals when exposure to it occurs. This includes Category B infectious substances transported for diagnostic or investigational purposes. A Category B infectious substance must be described as “Biological substance, Category B” and assigned identification number UN3373. This does not include regulated medical waste, which must be assigned identification number UN3291.
(2) Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or derivative, allergenic product, or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent arsenic compound) applicable to the prevention, treatment, or cure of a disease or condition of human beings or animals. A biological product includes a material subject to regulation under 42 U.S.C. 262 or 21 U.S.C. 151-159. Unless otherwise excepted, a biological product known or reasonably expected to contain a pathogen that meets the definition of a Category A or B infectious substance must be assigned the identification number UN 2814, UN 2900, or UN 3373, as appropriate.
(3) Culture means an infectious substance containing a pathogen that is intentionally propagated. Culture does not include a human or animal patient specimen as defined in paragraph (a)(4) of this section.
(4) Patient specimens means those collected directly from humans or animals and transported for research, diagnosis, investigational activities, or disease treatment or prevention. Patient specimens includes excreta, secreta, blood and its components, tissue and tissue swabs, body parts, and specimens in transport media ( e.g., transwabs, culture media, and blood culture bottles).
(5) Regulated medical waste or clinical waste or (bio) medical waste means a waste or reusable material derived from the medical treatment of an animal or human, which includes diagnosis and immunization, or from biomedical research, which includes the production and testing of biological products. Regulated medical waste or clinical waste or (bio) medical waste containing a Category A infectious substance must be classed as an infectious substance, and assigned to UN2814, UN2900, or UN3549, as appropriate.
(6) Sharps means any object contaminated with a pathogen or that may become contaminated with a pathogen through handling or during transportation and also capable of cutting or penetrating skin or a packaging material. Sharps includes needles, syringes, scalpels, broken glass, culture slides, culture dishes, broken capillary tubes, broken rigid plastic, and exposed ends of dental wires.
(7) Toxin means a Division 6.1 material from a plant, animal, or bacterial source. A toxin containing an infectious substance or a toxin contained in an infectious substance must be classed as Division 6.2, described as an infectious substance, and assigned to UN 2814 or UN 2900, as appropriate.
(8) Used health care product means a medical, diagnostic, or research device or piece of equipment, or a personal care product used by consumers, medical professionals, or pharmaceutical providers that does not meet the definition of a patient specimen, biological product, or regulated medical waste, is contaminated with potentially infectious body fluids or materials, and is not decontaminated or disinfected to remove or mitigate the infectious hazard prior to transportation.
(b) Exceptions. The following are not subject to the requirements of this subchapter as Division 6.2 materials:
(1) A material that does not contain an infectious substance or that is unlikely to cause disease in humans or animals.
(2) Non-infectious biological materials from humans, animals, or plants. Examples include non-infectious cells, tissue cultures, blood or plasma from individuals not suspected of having an infectious disease, DNA, RNA or other non-infectious genetic elements.
(3) A material containing micro-organisms that are non-pathogenic to humans or animals.
(4) A material containing pathogens that have been neutralized or inactivated such that they no longer pose a health risk.
(5) A material with a low probability of containing an infectious substance, or where the concentration of the infectious substance is at a level naturally occurring in the environment so it cannot cause disease when exposure to it occurs. Examples of these materials include: Foodstuffs; environmental samples, such as water or a sample of dust or mold; and substances that have been treated so that the pathogens have been neutralized or deactivated, such as a material treated by steam sterilization, chemical disinfection, or other appropriate method, so it no longer meets the definition of an infectious substance.
(6) A biological product, including an experimental or investigational product or component of a product, subject to Federal approval, permit, review, or licensing requirements, such as those required by the Food and Drug Administration of the U.S. Department of Health and Human Services or the U.S. Department of Agriculture.
(7) Blood collected for the purpose of blood transfusion or the preparation of blood products; blood products; plasma; plasma derivatives; blood components; tissues or organs intended for use in transplant operations; and human cell, tissues, and cellular and tissue-based products regulated under authority of the Public Health Service Act (42 U.S.C. 264-272) and/or the Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq. ).
(8) Blood, blood plasma, and blood components collected for the purpose of blood transfusion or the preparation of blood products and sent for testing as part of the collection process, except where the person collecting the blood has reason to believe it contains an infectious substance, in which case the test sample must be shipped as a Category A or Category B infectious substance in accordance with § 173.196 or § 173.199, as appropriate.
(9) Dried blood spots or specimens for fecal occult blood detection placed on absorbent filter paper or other material.
(10) A Division 6.2 material, other than a Category A infectious substance, contained in a patient sample being transported for research, diagnosis, investigational activities, or disease treatment or prevention, or a biological product, when such materials are transported by a private or contract carrier in a motor vehicle used exclusively to transport such materials. Medical or clinical equipment and laboratory products may be transported aboard the same vehicle provided they are properly packaged and secured against exposure or contamination. If the human or animal sample or biological product meets the definition of regulated medical waste in paragraph (a)(5) of this section, it must be offered for transportation and transported in conformance with the appropriate requirements for regulated medical waste.
(11) A human or animal sample (including, but not limited to, secreta, excreta, blood and its components, tissue and tissue fluids, and body parts) being transported for routine testing not related to the diagnosis of an infectious disease, such as for drug/alcohol testing, cholesterol testing, blood glucose level testing, prostate specific antibody testing, testing to monitor kidney or liver function, or pregnancy testing, or for tests for diagnosis of non-infectious diseases, such as cancer biopsies, and for which there is a low probability the sample is infectious.
(12) Laundry and medical equipment and used health care products, as follows:
(i) Laundry or medical equipment conforming to the regulations of the Occupational Safety and Health Administration of the Department of Labor in 29 CFR 1910.1030. This exception includes medical equipment intended for use, cleaning, or refurbishment, such as reusable surgical equipment, or equipment used for testing where the components within which the equipment is contained essentially function as packaging. This exception does not apply to medical equipment being transported for disposal.
(ii) Used health care products not conforming to the requirements in 29 CFR 1910.1030 and being returned to the manufacturer or the manufacturer's designee are excepted from the requirements of this subchapter when offered for transportation or transported in accordance with this paragraph (b)(12). For purposes of this paragraph, a health care product is used when it has been removed from its original packaging. Used health care products contaminated with or suspected of contamination with a Category A infectious substance may not be transported under the provisions of this paragraph.
(A) Each used health care product must be drained of free liquid to the extent practicable and placed in a watertight primary container designed and constructed to assure that it remains intact under conditions normally incident to transportation. For a used health care product capable of cutting or penetrating skin or packaging material, the primary container must be capable of retaining the product without puncture of the packaging under normal conditions of transport. Each primary container must be marked with a BIOHAZARD marking conforming to 29 CFR 1910.1030(g)(1)(i).
(B) Each primary container must be placed inside a watertight secondary container designed and constructed to assure that it remains intact under conditions normally incident to transportation. The secondary container must be marked with a BIOHAZARD marking conforming to 29 CFR 1910.1030(g)(1)(i).
(C) The secondary container must be placed inside an outer packaging with sufficient cushioning material to prevent shifting between the secondary container and the outer packaging. An itemized list of the contents of the primary container and information concerning possible contamination with a Division 6.2 material, including its possible location on the product, must be placed between the secondary container and the outside packaging.
(D) Each person who offers or transports a used health care product under the provisions of this paragraph must know about the requirements of this paragraph.
(13) Any waste or recyclable material, other than regulated medical waste, including—
(i) Household waste as defined in § 171.8, when transported in accordance with applicable state, local, or tribal requirements.
(ii) Sanitary waste or sewage;
(iii) Sewage sludge or compost;
(iv) Animal waste generated in animal husbandry or food production; or
(v) Medical waste generated from households and transported in accordance with applicable state, local, or tribal requirements.
(14) Corpses, remains, and anatomical parts intended for interment, cremation, or medical research at a college, hospital, or laboratory.
(15) Forensic material transported on behalf of a U.S. Government, state, local or Indian tribal government agency, except that—
(i) Forensic material known or suspected to contain a Category B infectious substance must be shipped in a packaging conforming to the provisions of § 173.24.
(ii) Forensic material known or suspected to contain a Category A infectious substance or an infectious substance listed as a select agent in 42 CFR part 73 must be transported in packaging capable of meeting the test standards in § 178.609 of this subchapter. The secondary packaging must be marked with a BIOHAZARD symbol conforming to specifications in 29 CFR 1910.1030(g)(1)(i). An itemized list of contents must be enclosed between the secondary packaging and the outer packaging.
(16) A raw agricultural commodity as defined in the Federal Food, Drug, and Cosmetics Act (21 U.S.C. 301 et seq. ).
(c) Exceptions for regulated medical waste. The following provisions apply to the transportation of regulated medical waste:
(1) A regulated medical waste transported by a private or contract carrier is excepted from—
(i) The requirement for an “INFECTIOUS SUBSTANCE” label if the outer packaging is marked with a “BIOHAZARD” marking in accordance with 29 CFR 1910.1030; and
(ii) The specific packaging requirements of § 173.197, if packaged in a rigid non-bulk packaging conforming to the general packaging requirements of §§ 173.24 and 173.24a and packaging requirements specified in 29 CFR 1910.1030, provided the material does not include a waste concentrated stock culture of an infectious substance. Sharps containers must be securely closed to prevent leaks or punctures.
(2) The following materials may be offered for transportation and transported as a regulated medical waste when packaged in a rigid non-bulk packaging conforming to the general packaging requirements of §§ 173.24 and 173.24a and packaging requirements specified in 29 CFR 1910.1030 and transported by a private or contract carrier in a vehicle used exclusively to transport regulated medical waste:
(i) Waste stock or culture of a Category B infectious substance;
(ii) Plant and animal waste regulated by the Animal and Plant Health Inspection Service (APHIS);
(iii) Waste pharmaceutical materials;
(iv) Laboratory and recyclable wastes;
(v) Infectious substances that have been treated to eliminate or neutralize pathogens;
(vi) Forensic materials being transported for final destruction;
(vii) Rejected or recalled health care products;
(viii) Documents intended for destruction in accordance with the Health Insurance Portability and Accountability Act of 1996 (HIPAA) requirements;
(ix) Medical or clinical equipment and laboratory products provided they are properly packaged and secured against exposure or contamination; or
(x) Sharps in sharp containers provided the containers are securely closed to prevent leaks or punctures; do not exceed 18 gallons capacity; registered under the Medical Device Regulations of FDA; made of puncture resistant plastic that meets ASTM Standard F2132-01, Standard Specification for Puncture Resistance of Materials Used in Containers for Discarded Medical Needles and Other Sharps; and are securely fitted into wheeled racks that hold them in an upright position. The wheeled racks must contain full rows of sharps containers secured in place by a moveable bar; and must be securely held in place on the motor vehicle by straps or load bars during transportation. No shelf in any wheeled rack may exceed the manufacturer's recommended load capacity.
(d) If an item listed in paragraph (b) or (c) of this section meets the definition of another hazard class or if it is a hazardous substance, hazardous waste, or marine pollutant, it must be offered for transportation and transported in accordance with applicable requirements of this subchapter.
(e) Transitional provisions. The authorization for continued use of the criteria for packing group assignments in effect on December 31, 2006 ended on January 1, 2012.
§ 173.136   Class 8—Definitions.
(a) For the purpose of this subchapter, “corrosive material” (Class 8) means a liquid or solid that causes irreversible damage to human skin at the site of contact within a specified period of time. A liquid, or a solid which may become liquid during transportation, that has a severe corrosion rate on steel or aluminum based on the criteria in § 173.137(c)(2) is also a corrosive material. Whenever practical, in vitro test methods authorized in § 173.137 of this part or historical data authorized in paragraph (c) of this section should be used to determine whether a material is corrosive.
(b) If human experience or other data indicate that the hazard of a material is greater or less than indicated by the results of the tests specified in paragraph (a) of this section, PHMSA may revise its classification or make the determination that the material is not subject to the requirements of this subchapter.
(c) Skin corrosion test data produced no later than September 30, 1995, using the procedures of part 173, appendix A, in effect on September 30, 1995 (see 49 CFR part 173, appendix A, revised as of October 1, 1994) for appropriate exposure times may be used for classification and assignment of packing group for Class 8 materials corrosive to skin.
§ 173.137   Class 8—Assignment of packing group.
The packing group of a Class 8 material is indicated in Column 5 of the table to § 172.101 (of this subchapter). When the table to § 172.101 provides more than one packing group for a Class 8 material, the packing group must be determined using data obtained from tests conducted in accordance with the OECD Guidelines for the Testing of Chemicals, Test No. 435, “ In Vitro Membrane Barrier Test Method for Skin Corrosion” (IBR, see § 171.7 of this subchapter); or Test No. 404, “Acute Dermal Irritation/Corrosion” (IBR, see § 171.7 of this subchapter). Alternatively, a substance or mixture may be considered not corrosive to human skin for the purposes of this subchapter following testing in accordance with OECD Guideline for the Testing of Chemicals Test No. 430, “ In Vitro Skin Corrosion: Transcutaneous Electrical Resistance test (TER)” (IBR, see § 171.7 of this subchapter); Test No. 431, “ In Vitro Skin Corrosion: Reconstructed Human Epidermis (RHE) Test Method” (IBR, see § 171.7 of this subchapter); or Test No. 439, “ In Vitro Skin Irritation: Reconstructed Human Epidermis Test Method” (IBR, see § 171.7 of this subchapter). However, if the substance or mixture is determined to be corrosive in accordance with Test No. 430 or Test No. 439, the material may be assigned to Packing Group I, or must be further tested using Test No. 435 or Test No. 404 to determine the packaging group assignment. If the results of Test No. 431 indicate that the substance or mixture is corrosive, but the test method does not clearly distinguish between assignment of Packing Groups II and III, the material must be assigned to Packing Group II unless further testing is performed. The packing group assignment using data obtained from tests conducted in accordance with OECD Guideline Test No. 404 must be as follows:
(a) Packing Group I. Materials that cause irreversible damage to intact skin tissue within an observation period of up to 60 minutes, starting after the exposure time of three minutes or less.
(b) Packing Group II. Materials, other than those meeting Packing Group I criteria, that cause irreversible damage to intact skin tissue within an observation period of up to 14 days, starting after the exposure time of more than three minutes but not more than 60 minutes.
(c) Packing Group III. Materials, other than those meeting Packing Group I or II criteria—
(1) That cause irreversible damage to intact skin tissue within an observation period of up to 14 days, starting after the exposure time of more than 60 minutes but not more than 4 hours; or
(2) That do not cause irreversible damage to intact skin tissue but exhibit a corrosion on either steel or aluminum surfaces exceeding 6.25 mm (0.25 inch) a year at a test temperature of 55 °C (130 °F) when tested on both materials. The corrosion may be determined in accordance with the UN Manual of Tests and Criteria (IBR, see § 171.7 of this subchapter) or other equivalent test methods.
(d) Alternative packing group assignment methods for mixtures. For mixtures it is necessary to obtain or derive information that allows the criteria to be applied to the mixture for the purpose of classification and assignment of packing groups. The approach to classification and assignment of packing groups is tiered, and is dependent upon the amount of information available for the mixture itself, for similar mixtures and/or for its ingredients. The flow chart in Figure 1 to paragraph (d) outlines the process to be followed:
(1) Bridging principles. Where a mixture has not been tested to determine its skin corrosion potential, but there is sufficient data on both the individual ingredients and similar tested mixtures to adequately classify and assign a packing group for the mixture, this data will be used in accordance with the following bridging principles. This ensures that the classification process uses the available data to the greatest extent possible in characterizing the hazards of the mixture.
(i) Dilution. If a tested mixture is diluted with a diluent, which does not meet the criteria for Class 8 and does not affect the packing group of other ingredients, then the new diluted mixture may be assigned to the same packing group as the original tested mixture. In certain cases, diluting a mixture or substance may lead to an increase in the corrosive properties. If this is the case, this bridging principle cannot be used.
(ii) Batching. The skin corrosion potential of a tested production batch of a mixture can be assumed to be substantially equivalent to that of another untested production batch of the same commercial product when produced by or under the control of the same manufacturer, unless there is reason to believe there is significant variation such that the skin corrosion potential of the untested batch has changed. If the latter occurs, a new classification is necessary.
(iii) Concentration of mixtures of packing group I. If a tested mixture meeting the criteria for inclusion in Packing Group I is concentrated, the more concentrated untested mixture may be assigned to Packing Group I without additional testing.
(iv) Interpolation within one packing group. For three mixtures (A, B and C) with identical ingredients, where mixtures A and B have been tested and are in the same skin corrosion packing group, and where untested mixture C has the same Class 8 ingredients as mixtures A and B but has concentrations of Class 8 ingredients intermediate to the concentrations in mixtures A and B, then mixture C is assumed to be in the same skin corrosion packing group as A and B.
(v) Substantially similar mixtures. Given the following:
(A) Two mixtures: (A+B) and (C+B);
(B) The concentration of ingredient B is the same in both mixtures;
(C) The concentration of ingredient A in mixture (A+B) equals the concentration of ingredient C in mixture (C+B);
(D) Data on skin corrosion for ingredients A and C are available and substantially equivalent, i.e., they are the same skin corrosion packing group and do not affect the skin corrosion potential of B.
(E) If the above mixture (A+B) or (C+B) is already classified based on test data, then the other mixture may be assigned to the same packing group.
(2) Calculation method based on the classification of the substances. Where a mixture has not been tested to determine its skin corrosion potential, nor is sufficient data available on similar mixtures, the corrosive properties of the substances in the mixture shall be considered to classify and assign a packing group. Applying the calculation method is only allowed if there are no synergistic effects that make the mixture more corrosive than the sum of its substances. This restriction applies only if Packing Group II or III would be assigned to the mixture.
(i) All Class 8 ingredients present at a concentration of ≥1% shall be taken into account, or <1% if these ingredients are still relevant for classifying the mixture to be corrosive to skin.
(ii) To determine whether a mixture containing corrosive substances must be considered a corrosive mixture and to assign a packing group, the calculation method in the flow chart in appendix I must be applied. For this calculation method, generic concentration limits apply where 1% is used in the first step for the assessment of the packing group I substances, and where 5% is used for the other steps respectively.
(iii) When a specific concentration limit (SCL) is assigned to a substance following its entry in the Hazardous Materials Table or in a special provision, this limit shall be used instead of the generic concentration limits (GCL).
(iv) The following formula must be used for each step of the calculation process. The criterion for a packing group is fulfilled when the result of the calculation is ≥ 1. The generic concentration limits to be used for the evaluation in each step of the calculation method are those found in appendix I of this part. Where applicable, the generic concentration limit shall be substituted by the specific concentration limit assigned to the substance(s) (SCLi), and the adapted formula is a weighted average of the different concentration limits assigned to the different substances in the mixture:
When an initial test on either a steel or aluminum surface indicates the material being tested is corrosive, the follow up test on the other surface is not required.
§ 173.140   Class 9—Definitions.
For the purposes of this subchapter, miscellaneous hazardous material (Class 9) means a material which presents a hazard during transportation but which does not meet the definition of any other hazard class. This class includes:
(a) Any material which has an anesthetic, noxious or other similar property which could cause extreme annoyance or discomfort to a flight crew member so as to prevent the correct performance of assigned duties; or
(b) Any material that meets the definition in § 171.8 of this subchapter for an elevated temperature material, a hazardous substance, a hazardous waste, or a marine pollutant.
§ 173.141   Class 9—Assignment of packing group.
The packing group of a Class 9 material is as indicated in column 5 of the § 172.101 table.
§ 173.144-173.145   [Reserved]
§ 173.150   Exceptions for Class 3 (flammable and combustible liquids).
(a) General. Exceptions for hazardous materials shipments in the following paragraphs are permitted only if this section is referenced for the specific hazardous material in the § 172.101 Table of this subchapter.
(b) Limited quantities. Limited quantities of flammable liquids (Class 3) and combustible liquids are excepted from labeling requirements, unless the material is offered for transportation or transported by aircraft, and are excepted from the specification packaging requirements of this subchapter when packaged in combination packagings according to this paragraph. For transportation by aircraft, the package must also conform to applicable requirements of § 173.27 of this part ( e.g., authorized materials, inner packaging quantity limits and closure securement) and only hazardous material authorized aboard passenger-carrying aircraft may be transported as a limited quantity. A limited quantity package that conforms to the provisions of this section is not subject to the shipping paper requirements of subpart C of part 172 of this subchapter, unless the material meets the definition of a hazardous substance, hazardous waste, marine pollutant, or is offered for transportation and transported by aircraft or vessel, and is eligible for the exceptions provided in § 173.156 of this part. In addition, shipments of limited quantities are not subject to subpart F (Placarding) of part 172 of this subchapter. Each package must conform to the packaging requirements of subpart B of this part and may not exceed 30 kg (66 pounds) gross weight. Except for transportation by aircraft, the following combination packagings are authorized:
(1) For flammable liquids in Packing Group I, inner packagings not over 0.5 L (0.1 gallon) net capacity each, packed in a strong outer packaging;
(2) For flammable liquids in Packing Group II, inner packagings not over 1.0 L (0.3 gallons) net capacity each, packed in a strong outer packaging.
(3) For flammable liquids in Packing Group III and combustible liquids, inner packagings not over 5.0 L (1.3 gallons) net capacity each, packed in a strong outer packaging.
(c) [Reserved]
(d) Alcoholic beverages. (1) An alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4.10 and 5.11), when transported via motor vehicle, vessel, or rail, is not subject to the requirements of this subchapter if the alcoholic beverage:
(i) Contains 24 percent or less alcohol by volume;
(ii) Is contained in an inner packaging of 5 L (1.3 gallons) or less; or
(iii) Is a Packing Group III alcoholic beverage contained in a packaging 250 liters (66 gallons) or less;
(2) An alcoholic beverage (wine and distilled spirits as defined in 27 CFR 4.10 and 5.11), when transported via aircraft, is not subject to the requirements of this subchapter if the alcoholic beverage:
(i) Contains 24 percent or less alcohol by volume;
(ii) For transportation aboard a passenger-carrying aircraft, contains more than 24% but not more than 70% alcohol by volume when in unopened retail packagings not exceeding 5 liters (1.3 gallons) carried in carry-on or checked baggage, with a total net quantity per person of 5 liters (1.3) gallons (See § 175.10(a)(4) of this subchapter); or
(iii) When carried as cargo, contains more than 24% but not more than 70% alcohol by volume in an inner packaging not exceeding 5 L (1.3 gallons).
(e) Aqueous solutions of alcohol. An aqueous solution containing 24 percent or less alcohol by volume and no other hazardous material—
(1) May be reclassed as a combustible liquid.
(2) Is not subject to the requirements of this subchapter if it contains no less than 50 percent water.
(f) Combustible liquids. (1) A flammable liquid with a flash point at or above 38 °C (100 °F) that does not meet the definition of any other hazard class may be reclassed as a combustible liquid. This provision does not apply to transportation by vessel or aircraft, except where other means of transportation is impracticable.
(2) The requirements in this subchapter do not apply to a material classed as a combustible liquid in a non-bulk packaging unless the combustible liquid is a hazardous substance, a hazardous waste, or a marine pollutant.
(3) A combustible liquid that is in a bulk packaging or a combustible liquid that is a hazardous substance, a hazardous waste, or a marine pollutant is not subject to the requirements of this subchapter except those pertaining to:
(i) Shipping papers, waybills, switching orders, and hazardous waste manifests;
(ii) Marking of packages;
(iii) Display of identification numbers on bulk packages;
(iv) For bulk packagings only, placarding requirements of subpart F of part 172 of this subchapter;
(v) Carriage aboard aircraft and vessels (for packaging requirements for transport by vessel, see § 176.340 of this subchapter);
(vi) Reporting incidents as prescribed by §§ 171.15 and 171.16 of this subchapter;
(vii) Packaging requirements of subpart B of this part and, in addition, non-bulk packagings must conform with requirements of § 173.203;
(viii) The requirements of §§ 173.1, 173.21, 173.24, 173.24a, 173.24b, 174.1, 177.804, 177.817, 177.834(j), and 177.837(d) of this subchapter;
(ix) The training requirements of subpart H of part 172 of this subchapter;
(x) Emergency response information requirements of subpart G of part 172; and
(xi) For bulk packagings only, registration requirements of subpart G of part 107 of this subchapter.
(4) A combustible liquid that is not a hazardous substance, a hazardous waste, or a marine pollutant is not subject to the requirements of this subchapter if it is a mixture of one or more components that—
(i) Has a flash point at or above 93 °C (200 °F),
(ii) Comprises at least 99 percent of the volume of the mixture, and
(iii) Is not offered for transportation or transported as a liquid at a temperature at or above its flash point.
(g) Limited quantities of retail products containing ethyl alcohol. (1) Beverages, food, cosmetics and medicines, medical screening solutions, and concentrates sold as retail products containing ethyl alcohol classed as a flammable liquid or flammable solid containing not more than 70% ethyl alcohol by volume for liquids, by weight for solids are excepted from the HMR provided that:
(i) For non-glass inner packagings:
(A) The volume does not exceed 0.47 liters (0.125 gallons) in capacity for liquids; or
(B) For volumes greater than 0.47 liters (0.125 gallons) but not exceeding 3.8 liters (1 gallon) the company name and the words “Contains Ethyl Alcohol” are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in non-glass inner packagings not exceeding 0.45 kilograms (1 pound) capacity;
(D) For weight greater than 0.45 kilograms (1 pound) up to 3.62 kilograms (8 pounds) the company name and the words “Contains Ethyl Alcohol” are marked on the package.
(ii) For glass inner packagings:
(A) The volume does not exceed 0.23 liters (.063 gallons) in capacity; or
(B) For volumes greater than 0.23 liters (.063 gallons) to 0.47 liters (0.125 gallons) the company name and the words “Contains Ethyl Alcohol” are marked on the package;
(C) Solids containing ethyl alcohol may be packaged in glass inner packagings not exceeding 0.22 kilograms (0.5 pounds);
(D) For weight greater than 0.22 kilograms (0.5 pounds) up to 0.45 kilograms (1 pound) the company name and the words “Contains Ethyl Alcohol” are marked on the package.
(iii) The net liquid contents of all inner packagings in any single outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid contents of all inner packagings in any single outer packaging may not exceed 15 kilograms (33 pounds). The gross weight of any single outer package shipped may not exceed 30 kilograms (66 pounds); Inner packagings must be secured and cushioned within the outer package to prevent breakage, leakage, and shifting.
(2) Beverages, food, cosmetics and medicines, medical screening solutions, and concentrates sold as retail products containing ethyl alcohol classed as a flammable liquid or flammable solid containing more than 70% ethyl alcohol by volume, by weight for solids are excepted from the HMR provided that:
(i) For inner packagings containing liquids the volume does not exceed 0.23 liters (0.063 gallons) in capacity;
(ii) Solids containing ethyl alcohol are not packed in inner packagings exceeding 0.22 kilograms (0.5 pounds) in weight;
(iii) The net liquid contents of all inner packagings in any single outer packaging may not exceed 5.6 liters (1.5 gallons). The net solid contents of all inner packagings in any single outer packaging may not exceed 15 kilograms (33 pounds). The gross weight of any single outer package shipped may not exceed 30 kilograms (66 pounds). Inner packagings must be secured and cushioned within the outer package to prevent breakage, leakage, and shifting.
(3) For transportation by passenger or cargo aircraft, no outer package may be transported which contains an inner packaging exceeding:
(i) 0.47 liters (0.125 gallons) of flammable liquid; or
(ii) 0.45 kilograms (1 pound) of solids containing flammable liquid.
(h) Diesel fuel (NA1993) and Gasoline (UN1203) may be transported one way, by motor vehicle, directly from the loading location to an equipment repair facility, in a non-DOT specification, non-bulk packaging, known as a gasoline dispenser, that has been removed from service at a fueling station under the following conditions:
(1) Prior to loading, each dispenser must be prepared for transportation by capping or plugging all product inlet and outlet piping, so that no fluid may be released during transportation;
(2) No dispenser may contain more than 2 gallons of gasoline; and
(3) Each dispenser must be blocked, braced or strapped to the motor vehicle in accordance with the requirements of this subchapter to prevent shifting during transportation.
(i) Reverse logistics. Hazardous materials meeting the definition of “reverse logistics” under § 171.8 of this subchapter and in compliance with paragraph (b) of this section may be offered for transport and transported in highway transportation in accordance with § 173.157.